What Constitutes Malpractice During Childbirth in Florida?

Childbirth can be a beautiful and transformative (albeit challenging) experience. But of course, labor and delivery usually involve medical intervention, and medical negligence can and does happen. When a mother or child is a victim of medical malpractice during childbirth, a joyous day can quickly turn into a nightmare. When navigating the aftermath, it is important to understand the legal landscape and some differences between malpractice and unavoidable complications. The following blog explores what you should know about these matters and the importance of working with an Indian River County birth injury lawyer to hold the responsible parties liable for their negligence.

What Is Considered Medical Malpractice During Childbirth?

Like all medical procedures, childbirth is subject to complications that are unavoidable, even with the best medical care. While not all complications during labor are the result of malpractice by a doctor, nurse, or other medical provider, some bad outcomes may directly arise from preventable errors by your provider.

For example, the umbilical cord may become wrapped around the infant’s neck in the absence of any fault by a medical provider. Yet, the manner in which providers identify and manage this complication can constitute medical negligence. Likewise, an infant may naturally suffer distress during labor, but there are clear standards of care regarding how a provider should monitor fetal heart rate and respond to signs of distress.

When these standards of care are not followed, the mother or newborn can suffer catastrophic harm due to the negligence of a medical provider.

What Injuries Are Common?

Unfortunately, there are a number of issues that can impact both the mother and baby when malpractice occurs during labor and delivery. These can be among the most heart-wrenching and consequential consequences of medical negligence we see. For example, medical negligence during labor and delivery can cause infants to suffer Cerebral Palsy, Erb’s Palsy, brain injury caused by oxygen deprivation, or even fractures and nerve damage if instruments are unnecessarily and improperly used.

Mothers, too, can experience catastrophic harm as a result of negligence during labor and delivery. Among the most common examples of negligence as to the mother involve failure to properly monitor blood loss and infections. This can lead to sepsis, organ failure, and even death. For these reasons, medical providers in this field must be vigilant and adhere to the highest standards of practice.

Who Can Face Liability for the Damages Suffered?

While determining liability for the injuries that you or your infant may have suffered during childbirth can seem simple, it’s important to understand that an investigation of malpractice during childbirth will necessarily involve multiple potentially liable parties. Generally, the doctor or obstetrician will bear liability for their negligence and that of other caregivers, as they are typically the “captain of the ship,” making decisions for the health of both you and your child.

Nurses, however, can also be liable, as it is their responsibility to adhere to hospital protocol, adequately monitor patients, and report changes in condition to the doctors. Failure to do so can result in significant harm to both mother and baby.

The hospital itself may face liability if it failed to implement adequate training or procedures or if the hospital was understaffed, meaning care was compromised. Similarly, a hospital can be held liable for the negligence of its employees under the vicarious liability doctrine, which holds an employer liable for the actions of its employees and agents.

Childbirth is a beautiful but vulnerable time for mother and baby, requiring extreme care and attention by all medical providers. If this standard of care is not met, and you or your child has suffered the consequences, understanding your legal options is critical. At Ullian Trial Law, our dedicated legal team will do everything in our power to help you fight for the justice you deserve. When you need assistance, our firm is here. Contact us today to learn how we can fight for you and your family.