What Types of Birth Injuries Are Caused By OB/GYN Malpractice?
Your child may suffer a birth injury when complications during pregnancy or delivery are not properly identified or managed. In many cases, these injuries are preventable and may be linked to medical negligence, delayed intervention, or improper use of delivery techniques. Below are some of the most common types of birth injuries associated with OB/GYN malpractice.
Shoulder Dystocia
Shoulder dystocia occurs when a baby’s shoulder becomes lodged behind the mother’s pelvic bone during delivery. While there are established medical techniques to address this complication, failure to respond quickly or properly can lead to serious injury. In some cases, it may also lead to oxygen deprivation, with long-term consequences for the child.
Cephalohematoma
Cephalohematoma is a condition in which blood collects between the skull and the scalp of a newborn. It is often associated with the improper or overly forceful use of assisted delivery tools, such as vacuum extractors or forceps. While some cases resolve on their own, more severe instances may indicate improper delivery technique or excessive pressure during birth.
Cerebral Palsy
Cerebral palsy is a neurological disorder that affects movement, muscle tone, and coordination. It is frequently linked to oxygen deprivation during labor and delivery, which may occur if fetal distress is not properly monitored or addressed. In many cases, timely medical intervention could significantly reduce the risk of this condition developing.
Erb’s Palsy
Erb’s palsy is a form of nerve damage that affects movement and strength in a newborn’s arm or shoulder. It often occurs when excessive force is used during delivery, particularly when the baby’s shoulders are being delivered. This type of injury may indicate that proper delivery techniques were not followed or that excessive traction was applied during birth.
How to File a Medical Malpractice Claim Against an OB/GYN in Florida
If this is your first time filing a medical malpractice claim, it is important to understand that the process is detailed and highly regulated under Florida law. Each step must be completed correctly to preserve your right to compensation.
An experienced attorney can guide you through the process and help ensure your claim is properly supported from the beginning.
Identify the Liable Party
The first step in a medical malpractice claim is determining who may be legally responsible for your child’s injuries. In an OB/GYN case, this typically involves proving that the provider owed you a duty of care, breached the accepted standard of care, and that this breach directly caused harm. In some cases, additional parties such as hospitals or medical staff may also share responsibility.
Gather Evidence
Once potential liability is identified, your attorney will begin collecting evidence to support your claim. This may include medical records, diagnostic reports, prenatal charts, and testimony from qualified medical experts. The goal is to establish that the OB/GYN’s actions or failure to act fell below the standard of care and directly resulted in the birth injury.
Engage in the Pre-Suit Investigation Process
Before a lawsuit can be filed in Florida, you must complete a mandatory pre-suit investigation period. This 90-day process requires notice to the healthcare provider and the submission of supporting evidence, including an affidavit from a medical expert. The affidavit must confirm that there is a reasonable basis to believe malpractice occurred.
File Your Lawsuit
If the pre-suit process does not result in a resolution, your attorney may proceed by filing a formal medical malpractice lawsuit. This step officially begins the litigation process and brings the claim into the court system. The defendant will then be required to respond to the allegations.
Discovery
After the lawsuit is filed, both sides enter the discovery phase, where evidence is exchanged and witnesses may be questioned under oath. This stage is often critical in building leverage for settlement negotiations. While many cases settle during discovery, some proceed further if a fair resolution cannot be reached.
Trial
If the case does not settle, it will proceed to trial, where both sides present their evidence before a judge and jury. Expert testimony, medical records, and witness statements are used to establish whether malpractice occurred. The jury then determines liability and, if appropriate, the amount of compensation.
Awarding Damages
If your case is successful, the jury will award damages based on the harm suffered. This may include compensation for medical expenses, long-term care needs, pain and suffering, and other related losses. The goal is to provide financial support that reflects the full impact of the injury on your child and family.
What Is The Statute of Limitations for OB/GYN Malpractice Birth Injury Claims in Florida?
The statute of limitations in Florida is two years from when you discovered—or should have discovered—the malpractice but not more than 4 years from the date the malpractice occurred. If your case involves fraud or concealment, you have up to seven years to file your malpractice claim.
You should note that these are strict guidelines; therefore, you must contact an attorney as soon as possible to begin your claim. The more time your birth injury lawyer has to gather evidence, the stronger your case will be. The medical malpractice statute of limitations is very complex, so you should not delay in seeking legal advice.
How an Attorney Proves Negligence in an OB/GYN Birth Injury Lawsuit
To establish negligence in an OB/GYN medical malpractice birth injury case, you must prove that your OB/GYN failed to act as a reasonably careful physician would in similar circumstances. Given the technical expertise expected from a qualified OB/GYN, there is an even higher medical standard they must uphold.
When first establishing negligence, you must prove that your OB/GYN owed you a duty of care, they breached that duty because of their actions or inaction, this breach of duty caused your child’s birth injury, and these injuries resulted in monetary and non-monetary damages.
For example, your OB/GYN might have failed to notice signs of fetal distress, causing your child to experience oxygen deprivation, which later results in a diagnosis of cerebral palsy. That’s just one possible example of how your doctor might be negligent in your case.
As a Florida attorney for OB/GYN medical malpractice, our job is to establish all elements of negligence to ensure you receive full and fair compensation for your damages.
What Evidence Could Help Strengthen Your Claim?
A Florida birth injury lawyer has several resources at their disposal to strengthen your case and hold all at-fault parties accountable. Your attorney may use the following pieces of evidence to support your claim:
- Expert Witnesses: These witnesses are particularly important in medical malpractice claims because their expert testimony can show the judge that your OB/GYN’s actions fell below accepted medical standards.
- Medical Records: Your health records will help tell the full story of the care you received with your OB/GYN. Your attorney may find that your doctor missed diagnoses that contributed to your birth complications.
- Billings and Expenses: An itemized list of the continued care you sought to treat your child’s birth injuries will ensure you recover financially from this ordeal.
- Hospital Policies: Policies and documents that detail the standard of care expected by hospital staff will help establish the baseline for care that you should have received. Your attorney can show that your OB/GYN’s actions didn’t meet the standards outlined by the hospital.
These are just some of the many forms of evidence your lawyer will collect in your case. Contact an OB/GYN medical malpractice birth injury lawyer immediately so they have as much time as possible to build your case.
What Damages Can You Recover in an OB/GYN Malpractice Case?
Depending on your case, you may be eligible for substantial recovery, both for monetary and non-monetary damages. Monetary damages are the bills and expenses you incurred for treating birth injuries related to your doctor’s negligence.
Non-monetary damages are the intangible ways you suffered from this traumatic experience, such as the emotional toll your child’s injuries took on your family.
Here are the damages you could recover in your case:
- Medical expenses
- Future medical bills to treat long-term conditions like cerebral palsy
- Lost wages and future lost wages associated with caring for a disabled child
- Home modifications, such as wheelchair ramps and lifts.
- Emotional suffering
- Diminished quality of life
As you can see, these damages could amount to a substantial sum, and you should fight to be fairly compensated for all current and future expenses.
Why You Need a Florida OB/GYN Malpractice Birth Injury Lawyer
Hospitals, physicians, and insurance companies aggressively defend OB/GYN malpractice claims, often working quickly to minimize or deny liability. They have legal teams and medical experts whose primary goal is to protect their interests—not your family’s. Without experienced legal representation, it can be difficult to effectively challenge their version of events.
A Florida OB/GYN malpractice birth injury lawyer helps level the playing field by building a case supported by medical evidence and expert analysis. At Wagner, McLaughlin & Whittemore, we understand how these defense strategies work and how to respond to them effectively.
Building a Strong Case Based on Medical Evidence
A successful birth injury claim often depends on a detailed review of medical records and delivery decisions. We examine prenatal care, labor monitoring, and delivery techniques to identify where the standard of care may have been breached. This helps determine whether the injury could have been prevented with proper medical attention.
Working With Qualified Medical Experts
Medical malpractice cases require expert testimony to establish negligence and causation. We work with qualified specialists who can evaluate the care provided and explain how it fell below accepted medical standards. Their opinions are often critical in proving liability.
Identifying the Full Value of Your Claim
Birth injury cases often involve long-term medical needs, ongoing therapy, and future care costs. We assess both immediate expenses and the injury’s projected lifetime impact to ensure nothing is overlooked. This includes medical care, assistive equipment, and other necessary support.
Protecting You From Low Settlement Offers
Insurance companies frequently attempt to resolve claims quickly for far less than they are worth. We evaluate every offer carefully to determine whether it reflects the full scope of your damages. Our goal is to ensure you are not pressured into accepting less than your family needs.
Taking Your Case to Trial When Necessary
While many birth injury cases settle, some must be resolved in court to achieve fair compensation. If a trial becomes necessary, we prepare thoroughly and present evidence clearly and persuasively before a judge and jury. Throughout the process, we handle the legal burden so your family can focus on healing.
