When Childbirth Doesn’t Go as Planned

Every two minutes, a baby is born in Florida. While most births result in a healthy mom and baby, some are complicated by injuries that carry lifelong consequences or, in rare cases, lead to death. 

Figuring out who—if anyone—is at fault isn’t always clear to parents. Not every complication is preventable, but certain injuries that occur during labor or delivery may raise questions about the care provided.  

Common Injuries

Injuries like shoulder dystocia, caused when a baby’s shoulder becomes lodged against the mother’s pelvis during delivery, may be noticeable right away. “The brachial plexus is the bundle of nerves that runs from the spine into the shoulder,” says Michael Bonner, a personal injury and medical malpractice attorney at Bonner Law in Coral Gables. “If too much force is used to get the baby out, those nerves can be stretched or torn, causing brachial palsy. You end up with an arm that’s not completely functional.”  

Some of the most serious injuries involve hypoxic-ischemic encephalopathy (HIE), in which a baby’s brain is damaged from a lack of oxygen during birth or delivery, says Bonner. Other injuries can include fractured bones, swelling of the scalp or face, or kernicterus, a rare neurological condition linked to untreated jaundice. Some of these injuries, such as HIE, may not become apparent until months or years later, when children begin to miss developmental milestones. 

Moms may also experience serious injuries, says Lara Dabdoub, a medical malpractice and trial attorney at Untiedt Dabdoub in Coral Gables. She notes that they’re seeing more misdiagnoses in cases of perineal tears. “These injuries can permanently affect a woman’s ability to urinate or defecate, impacting her health, sex life, and quality of life for years,” she says.

Legal Recourse

Unexpected complications often leave families asking what happened. “Mothers are very intuitive, and they can often look back and know if something didn’t go right in the hospital,” Bonner says.  

As soon as you suspect a problem may be related to labor or delivery, Bonner and Dabdoub both recommend obtaining appropriate medical care and looping in an attorney who specializes in medical malpractice. Early legal guidance can help preserve a family’s options as doctors work to understand the scope of the injury. 

An attorney may begin by collecting medical records and consulting qualified medical experts to assess the quality of care provided. “The question is whether the ‘standard of care’ was met and if there was negligence that caused the injury,” says Bonner. The expert review focuses on how closely the mother and baby were monitored during labor and delivery, whether signs of fetal or maternal distress were recognized, and how the licensed health professionals responded. 

Florida medical malpractice claims typically have a two-year deadline, starting when a patient knows or discovers an injury that may have been caused by negligence. Usually a suit must be filed within four years of the injury, though there are exceptions involving children. It’s a good idea to seek legal guidance early.

Long-Term Care

While no outcome or settlement can erase a birth injury, attorneys can help families secure financial support and long-term stability. “Some of these kids require around-the-clock, specialized nursing care, equipment, therapy, and home modifications or retrofitting to accommodate wheelchairs,” says Dabdoub. “Insurance can only go so far.” 

Settlement funds can also be helpful when a parent can no longer work due to caregiving responsibilities or their own injury. And they can cover the child’s care as they mature and family dynamics shift. 

Dabdoub asks: “What happens when the parents are in their 70s or 80s, have their own health issues, or pass away? 

You want to make sure there’s a plan for the child’s future.”

Unlike some states, Florida law doesn’t impose a limit on economic damages, which include past and future medical expenses and lost wages. Caps on noneconomic damages, or pain and suffering, may apply, but often don’t in more severe cases. 

Bonner says birth injuries occur less frequently today than when he started out in the field more than 30 years ago, thanks to continuous advances in fetal monitoring and improved hospital protocols and training.

“But when an injury does happen,” he says, “it can be catastrophic.”

Managing Settlement Funds 

In many cases involving birth injuries to children, settlement funds are placed in a trust. These trusts can:

• Preserve funds for lifelong medical and caregiving needs
• Provide structured support as a child transitions into adulthood