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Birth Injury and Medical Malpractice

A birth injury isn’t a bruise or cut. One in every 33 babies is born with a birth defect. Millions of people experience complications due to giving birth, including death.

Doctors have procedures in place for preventing birth injuries, yet many babies and pregnant parents get injured. If you experience a birth injury, you shouldn’t take it lying down. You should consider a medical negligence lawsuit.

But what types of injuries can lead to birth injury negligence lawsuits? Can you file a suit if you get injured before or after you give birth? What proof do you need for your birth injury claim?

Answer these questions and you can get the money you need to provide for yourself and your child. Here is your quick guide.

Injury to the Child

When people think of a birth injury, they often think about injuries to the child during the delivery. A child can experience numerous injuries that can lead to a malpractice claim.

Doctors may use forceps or a vacuum to extract the baby from the womb. If they apply too much pressure, they may break a bone or cause soft tissue damage. These wounds can heal, but you can claim money if you had to pay for medical treatment for your child.

Pressure on the baby’s face can damage nerves in the face. They may develop facial paralysis, making it hard for them to cry or emote with their face.

Serious injuries include brain injuries. Your doctor may rush the delivery process, causing your baby to be born prematurely and leading to a brain injury. If your child is stuck in the birth canal, they may not have enough oxygen, hurting their brain.

You can claim compensation for injuries sustained while your child is in the womb or after they are born. If a doctor fails to monitor your baby’s heartbeat or breathing and your child experiences problems, you may have a birth injury negligence claim.

The key is that you connect your doctor’s actions to your baby’s medical problems. You need to collect documents related to your case. You may need to talk to experts who can describe your child’s injuries and acknowledge the connections to the defendant.

Injury to the Pregnant Parent

You can also file a claim if the pregnant parent was injured. As with claims for your child, you can start a negligence case for an injury before, during, or after delivery.

While the parent is pregnant, their doctor should monitor them for signs of problems. Diabetes, high blood pressure, and infections can threaten the parent’s life or cause a difficult pregnancy.

Pregnancy can affect a personal injury claim significantly. You can file a claim if you get into an accident and experience a miscarriage. The claim can be directed at the driver who caused the accident or the doctor who failed to save your pregnancy.

Bleeding is common during the delivery process. But doctors should monitor the parent’s heart and control the bleeding. They should also avoid gestures that will result in excessive bleeding, like making a C-section when it is not necessary.

After the delivery is done, nurses should stay with the parent and monitor their vital signs. Some people experience uterine ruptures or vaginal tears that can be painful. Nurses should step in and address these complications before they get worse.

You can sue the doctor for emotional injuries. Delivering a child can be stressful and traumatic, especially if the doctor makes repeated mistakes.

However, it can be hard to claim money for pain and suffering. You need to describe how the doctor’s mistakes impacted your life. You may have missed work due to your trauma, or you may need psychological therapy.

Wrongful Birth

A wrongful birth occurs when parents have a child they would not have had otherwise. The parents may intend to abort a child that will have an impairment like spina bifida or Down syndrome.

However, their doctor may fail to conduct noninvasive prenatal testing so the parents don’t know about potential defects. They may not run ultrasound tests, failing to spot deformities as they develop.

You can claim damages based on the expenses you pay for your child, including specialized schooling. You can also claim money for the emotional stress of raising your child with a disability.

Florida does not permit wrongful birth lawsuits for healthy children, even if you do not want your child. You are only allowed to file a lawsuit if the child is born unhealthy or if the doctor injures them.

Wrongful Pregnancy

Wrongful pregnancy occurs when a doctor fails to help a parent attempt to avoid or end a pregnancy. A parent may receive contraception or request an abortion from a doctor. If they become pregnant anyway, they may be able to pursue a wrongful pregnancy lawsuit.

You have a stronger case if you can prove you were injured due to the wrongful pregnancy. Since you were pregnant, you may have experienced physical pain and emotional suffering. You may have spent money on treatments you would not have received otherwise, or you may have lost wages.

It is harder to file a claim if you or your child were not injured. You may be able to prove medical negligence if the doctor botched an easy procedure. You can also claim money if the doctor injured you during the procedure to end your pregnancy.

The Essentials of a Birth Injury Lawsuit

A birth injury can mean several things. An injury to your child can occur during any part of the delivery process. Your child may experience problems before or after birth, which can lead to a lawsuit.

You can file a lawsuit if you get injured, especially if your doctor neglected an important procedure. It is harder to file a successful wrongful birth or wrongful pregnancy case. But if you can find evidence of neglect and monetary losses, you can file a lawsuit.

Find a lawyer experienced with birth injury cases. RHINO Lawyers serves Florida parents. Contact us today.


In short, if you believe you’re a victim of medical malpractice, you may not know your rights. Above all, don’t struggle through the process alone. Actually, our personal injury team is here to help you with any legal needs you might have regarding your case.

Lastly, let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at 844.RHINO.77.