Curry Law Group

Was a Birth Injury Caused by Medical Negligence?

Learn how medical records, fetal monitoring, expert review, delivery decisions, and neonatal findings may help determine whether negligence caused a birth injury.

•14 min read

A difficult delivery or serious newborn diagnosis does not automatically mean that a healthcare provider committed medical negligence. Birth injuries can occur because of congenital conditions, infections, premature birth, placental problems, unavoidable complications, genetic conditions, reduced oxygen or blood flow, trauma, or a combination of factors. Medical negligence may be involved when a healthcare provider fails to meet the applicable professional standard of care and that failure causes or substantially contributes to the child's injury. Determining whether this occurred usually requires a detailed review of prenatal care, fetal monitoring, labor and delivery records, medication administration, operative reports, neonatal records, imaging, laboratory results, and opinions from qualified medical professionals. Florida also has specialized presuit requirements and a Birth-Related Neurological Injury Compensation Plan that may apply.

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Key Takeaways

  • Not every birth injury results from medical negligence.
  • The central issues are the applicable standard of care, breach, causation, and damages.
  • Medical records and expert review are usually essential.
  • Fetal monitoring changes, delivery timing, infection, medication, and neonatal response may all require examination.
  • Some Florida birth-related neurological claims may also involve the state's Birth-Related Neurological Injury Compensation Plan.
  • Early investigation matters because specialized presuit requirements and filing deadlines may apply.

This article provides general information and is not legal or medical advice. A birth injury does not necessarily mean medical negligence occurred. Liability, causation, deadlines, and available remedies depend on the specific medical facts and applicable law. Reading this article does not create an attorney-client relationship.

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