Bringing a child into the world should be one of life’s most joyful moments. Unfortunately, when medical professionals make mistakes during pregnancy, labor, or delivery, the consequences can be devastating. In Florida, birth injuries caused by OB-GYN malpractice can leave children with lifelong disabilities and families struggling to cope with emotional and financial challenges. Understanding your legal rights is an important first step toward justice.
What Is OB-GYN Malpractice?
OB-GYN malpractice occurs when an obstetrician, gynecologist, nurse, or hospital staff member fails to provide the standard of care expected under Florida law. If their negligence causes harm to a mother or child, it may constitute medical malpractice. These cases often involve errors in prenatal care, labor management, or post-delivery treatment.
Common Types of Birth Injuries
Some of the most serious and preventable birth injuries linked to OB-GYN malpractice include:
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Cerebral Palsy – Often caused by oxygen deprivation during delivery.
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Erb’s Palsy (Brachial Plexus Injuries) – Resulting from excessive force during delivery, especially with shoulder dystocia.
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Fractures or Nerve Damage – Improper use of forceps or vacuum extractors can cause broken bones or permanent nerve injury.
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Hypoxic-Ischemic Encephalopathy (HIE) – A brain injury caused by lack of oxygen and blood flow to the baby.
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Maternal Injuries – Uncontrolled bleeding, infections, or surgical errors during a C-section.
Examples of OB-GYN Negligence
Birth injuries may occur when medical professionals:
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Fail to monitor fetal distress during labor.
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Delay ordering an emergency C-section.
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Misuse delivery tools such as forceps or vacuums.
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Fail to diagnose or treat high-risk pregnancy conditions (such as preeclampsia or gestational diabetes).
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Provide inadequate prenatal testing or monitoring.
Florida Law on Birth Injury Malpractice
Florida has specific medical malpractice laws (Chapter 766, Florida Statutes) that apply to birth injury claims. Families must follow strict pre-suit requirements, including a notice of intent and medical expert review before filing a lawsuit. Additionally, Florida’s statute of limitations is generally two years from when the injury is discovered or should have been discovered, but special rules may apply to minors, giving families more time to file.
Compensation for Families
Families pursuing a birth injury malpractice claim in Florida may be entitled to compensation for:
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Medical expenses (past and future)
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Costs of lifelong care, therapy, or special education
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Lost wages or earning capacity for parents who must provide care
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Pain and suffering for both the child and parents
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Wrongful death damages in tragic cases
Why Legal Help Matters
OB-GYN malpractice cases are complex, often requiring testimony from multiple medical experts and careful review of medical records. Hospitals and physicians typically have strong legal teams and insurers on their side. Having an experienced Florida medical malpractice attorney can make all the difference in building a strong case and ensuring your family’s rights are protected.
✅ If your child suffered a birth injury in Florida, you do not have to face this battle alone. An experienced malpractice lawyer can help you seek accountability and secure the resources your family needs for the future.
Have you or someone you know been injured as a result of medical malpractice? Contact Florida Hospital and Medical Malpractice Lawyer J.P. Gonzalez-Sirgo by dialing his direct number at (786) 272-5841, calling the main office at (305) 461-1095, or Toll Free at 1 (866) 71-CLAIM or email Miami Attorney Gonzalez-Sirgo directly at jp@yourattorneys.com or by text at (305) 929-8935.
