Common Medical Malpractice Cases Involving Babies in Florida
Medical malpractice involving infants is among the most devastating forms of negligence in Florida’s healthcare system. Babies are especially vulnerable during birth and early life, and any lapse in medical care can have life-altering consequences for both the child and their family. When preventable errors occur, Florida law allows families to pursue justice through medical malpractice claims. This blog highlights the most common types of malpractice cases involving babies and what parents need to know about their legal rights.
1. Birth Injuries During Labor and Delivery
Birth injuries are some of the most frequent causes of infant-related malpractice claims in Florida. These often result from negligence by obstetricians, nurses, or hospital staff during labor or delivery. Common birth injuries include:
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Cerebral Palsy: Often linked to oxygen deprivation during delivery (hypoxia), which may result from failure to monitor fetal distress or delayed C-section.
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Erb’s Palsy/Brachial Plexus Injury: Typically caused by excessive force or improper maneuvers during shoulder dystocia.
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Skull Fractures or Brain Bleeds: May result from the misuse of forceps or vacuum extraction tools.
Proper fetal monitoring, timely intervention, and adherence to standard obstetric protocols are critical to prevent these injuries.
2. Neonatal Intensive Care Unit (NICU) Errors
Infants placed in the NICU are typically premature or medically fragile, requiring meticulous care. Unfortunately, mistakes in this high-stress environment can have tragic consequences. Common NICU-related malpractice cases include:
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Medication Errors: Dosage mistakes due to incorrect weight-based calculations or improper administration.
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Failure to Treat Infections: Delayed diagnosis or treatment of conditions like sepsis or meningitis can be fatal.
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Improper Ventilation Management: Misuse or failure of breathing support equipment can result in lung damage or brain injury.
NICU malpractice cases often involve complex medical records and expert analysis to determine whether the standard of care was breached.
3. Failure to Diagnose or Misdiagnosis of Infant Conditions
Infants cannot communicate their symptoms, which makes accurate and timely diagnosis essential. Failure to diagnose or misdiagnosing a serious condition can delay necessary treatment and result in permanent harm. Common diagnostic errors include:
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Jaundice/Kernicterus: If severe jaundice is not recognized and treated, it can lead to brain damage.
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Congenital Heart Defects: Missed signs of serious cardiac issues can lead to death or permanent disability.
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Metabolic or Genetic Disorders: Newborn screening failures may result in undetected conditions that are treatable if caught early.
These types of cases often arise from missed signs in physical exams, failure to act on abnormal lab results, or inadequate communication between providers.
4. Improper Postnatal Care and Discharge Decisions
Even after a seemingly healthy delivery, mistakes can occur during the postnatal period. This includes negligent care in the hospital or premature discharge of a baby who needs further monitoring. Common issues include:
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Failure to Monitor for Breathing or Feeding Issues: Especially common in late preterm infants or babies with low birth weight.
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Inadequate Discharge Instructions: Parents may not be informed of symptoms to watch for or given improper feeding or care advice.
Hospitals must ensure that a baby is medically stable and that parents are properly instructed before discharge.
5. Delayed Emergency Response
Some malpractice cases involve delays in responding to a baby’s sudden deterioration. Whether due to understaffing, poor training, or communication breakdowns, any delay in providing emergency care can have life-threatening consequences. Florida hospitals are legally required to meet established standards of emergency response and staffing.
Compensation for Families in Florida
Compensation may include:
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Medical and future care expenses
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Pain and suffering
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Loss of earning capacity
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Punitive damages in egregious cases
Due to Florida’s complex pre-suit screening process for medical malpractice claims, including expert affidavits and notice requirements, it is crucial to consult a qualified Florida medical malpractice attorney early in the process.
Conclusion
Infant medical malpractice cases are heartbreaking and often involve permanent harm. Whether the injury occurred during birth, in the NICU, or after discharge, Florida families have legal rights and options. If you suspect your baby’s injury was caused by medical negligence, consult with a Florida personal injury lawyer who has experience in infant malpractice cases. A thorough investigation and legal action can help secure justice and ensure the resources needed for lifelong care.
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 [email protected] or by text at (305) 929-8935.
