When Are Birth Injuries Considered Medical Malpractice?

By Osborne & Francis
October 25, 2023

There is no more exciting time in a couple’s life than when they are expecting a child. It’s a time of anticipation, hope, and joy, as they await the birth of their baby. Fortunately, for most parents, pregnancies, labor, and delivery go smoothly and they bring home a beautiful and healthy baby shortly after it’s born. However, there are times that this doesn’t happen due to complications that put both mother and child at risk. If these complications are found to have been avoidable, and either mother or baby suffered injuries as a result, it may be a case of medical malpractice.

How Do Birth Injuries Occur?

While there are many ways that birth injuries can occur, they typically fall into one of two categories – either a medical professional fails to recognize or treat a condition, or there are injuries to the mother or child that are a result of negligent prenatal medical care.

The first category involves situations like a doctor failing to diagnose risky conditions like a mother’s high blood pressure, the misuse of medical instruments (for example, forceps or vacuum), not monitoring the baby’s heart rate correctly, or failing to perform a cesarean section when needed. In these situations, the doctors and other medical professionals involved may be held liable in a medical malpractice lawsuit.

The second category involves the prenatal care that the expectant mother receives. For instance, this may include situations like the prescription of medications that may be harmful to the mother or baby. If this occurs, the prescribing doctor, pharmacist, and even the manufacturer of the medication may be held responsible in a medical malpractice case.

When There is a Birth Injury to the Infant

If an infant is injured during childbirth, parents or guardians of the baby, together with their medical malpractice attorney, must bring the lawsuit against the responsible parties. They are able to ask for compensation for general and special damages on behalf of their baby. These include medical expenses, pain and suffering, and loss of enjoyment of life, and they can be for present and future damages.

The parents of the baby may also be able to seek damages for their pain and suffering due to the injuries that their child sustained.

When There is a Birth Injury to the Mother

If a mother is injured during childbirth, she can file a claim against the responsible parties. She too, is able to seek general and special damages for present and future damages suffered due to medical negligence or errors during delivery.

Finding Help for Your Birth Injury Claim

Proving medical malpractice in birth injury claims can be difficult. It requires knowledgeable medical malpractice attorneys with access to expert medical witnesses to review and evaluate medical charts and records.

Anytime that there is a birth injury that could have been prevented, the family may be entitled to a financial recovery for the financial and emotional burdens they have suffered as a result of medical negligence.

If you, or someone in your family, have suffered injuries that occurred during pregnancy, labor, or delivery in Florida, birth injury attorney, Joe Osborne, can help you with your case. Contact his office today at (561) 293-2600, for a review of your case and advice on how to proceed with your medical malpractice claim.

C. Smith

5 star icon

“I am so thankful for EVERYONE, the entire staff at Osborne & Francis Law, for mentoring me through the mediation process with my hip replacement failures. I didn't realize how MUCH pressure they relieved me of by helping me deal with the reality of this traumatic time in my life, as it was OVER so quickly with a positive result. My family is grateful to have their mom HAPPY & FOCUSED on the future, rather than worrying over what happened in the past! FAST FORWARD, we are LIVING LIFE to the fullest once again!”


5 star icon

Quick and fair resolution to a unique case. On advice of my own attorney, I engaged Joseph Osborne of Osborne & Francis of Boca Raton, FL. Mr. Osborne had considerable experience in cases such as mine and the results showed that. Mr. Osborne and his staff were very helpful, kept me up to date, and listened to my input. The settlement was very fair as far as I am concerned.

J. Davis

5 star icon

“I couldn’t have asked for a better lawyer/ firm — everything was done professionally exactly how I wanted. Due to COVID my personal attorney Mr. Garcia was still able to make things work in a timely manner and he never made me feel like he wasn’t working. Overall I’m happy with how my case turned out and I would recommend him and this law firm to anyone. 100% satisfied.”

T. Andrews

5 star icon

“Attorneys Greg Francis and Ryan Fletcher at Osborne & Francis Law Firm represented me in my personal injury case.The defendant drew a line in the sand and was adamant on a settlement amount I was almost willing to accept. After the dust settled and the smoke cleared, we settled for 3 times that amount!!! When they say ‘Real Tough Lawyers,’ they mean it.”

Erica F.

5 star icon

"Best personal injury attorney around, I could not be happier! I was seriously injured in a car accident and Osborne and Francis helped me through the entire process. I was blown away by how knowledgeable the staff and attorneys are at this incredible law firm. I would not hesitate to recommend this law firm to friends and family!"

E. Holland

5 star icon

Dennis and the other Osborne & Francis staff were amazing! Our case was HUGE and required tender loving care. Everyone on our case did their part by putting all the puzzle pieces together. We were given step by step updates and put at ease when our nerves got the best of us. For every inquiry we made we received a timely response...You are appreciated!

Ready For Your Free Consultation?

Please Fill Out Our Form Below For Your Free Consultation

Hiring a lawyer is the first step towards recovering a better quality of life. At Osborne & Francis, we devote our undivided attention to each client, and all communications are held in the strictest privacy. Contact us by filling out the form or calling us directly at (561) 293-2600.

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.