Birth-Related Injuries in Florida
"Birth injuries" refer to any injury the fetus and/or child suffers during labor and delivery. Some birth injuries are relatively minor, while others can leave a child permanently disabled.
July 31, 2009 /24-7PressRelease/ -- Birth-Related Injuries in Florida
Article provided by Henry E. Valenzuela & Associates
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Types of Birth Injuries
- Erb's palsy
Erb's palsy is a form of brachial plexus palsy. It is caused by stretching the group of nerves located near the baby's neck, which control movement in the arms, hands and fingers. These nerves may be stretched during delivery, particularly in difficult deliveries when the baby is too large or in a breech position and it is necessary for the doctor to use force to remove the baby.
- Cerebral palsy
Cerebral palsy occurs when there is damage to the areas of the brain that control movement and muscle coordination. Most children who have cerebral palsy are born with it, but it also can be caused by infections and traumatic head injuries. Like Erb's palsy, cerebral palsy can vary in severity, with some children experiencing relatively minor symptoms and others with more serious symptoms requiring on-going medical treatment and rehabilitation.
Other birth injuries include:
- Broken collar bones
- Other broken bones and fractures
- Face hemorrhaging
- Eye hemorrhaging ( or "subconjunctival hemorrhage")
- Nerve injuries
- Bruising and lacerations
- Bruising and swelling of the scalp ("caput succedaneum")
- Bleeding underneath the cranial bones ("cephalohematoma")
Birth injuries can occur for many reasons. Physical conditions, such as the size of the child and the width of the mother's pelvis, can increase the potential for trauma during the birth. Infections also can cause brain injuries, which mistakenly may be attributed to a birth injury.
Birth injuries also can occur because of medical error, such as:
- The physician's failure to timely perform a caesarean (C-section)
- The physician's failure to monitor the fetus's heart rate
- Improper use of suction or forceps
- The physician's use of improper or excessive force during delivery
- The physician's failure to detect and/or treat a medical condition suffered by the mother during pregnancy
Bringing a Medical Malpractice Claim
In a medical malpractice claim, the plaintiff must be able to show that the physician did not meet the accepted standard of care when providing medical care to him or her, and that because of this failure, the plaintiff suffered an injury. The standard of care is determined by what other doctors would have done under the same or similar circumstances.
In birth injury cases, the physician may not be the only potential liable party. Depending on the facts, the hospital, nurses and other assisting staff may share some of the responsibility for the injury and may be named as defendants.
Medical malpractice cases can be difficult to prove and can take a long time to resolve. Generally, Obstetrician/Gynecologists (OB/GYNs) and other medical experts will be asked to testify about the established standard of care and provide evidence that the defendant physician failed to adhere to that standard, causing the birth injury to the child.
Florida Birth-Related Neurological Injury Compensation Plan
Due to increasing medical malpractice insurance rates for OB/GYNs, the Florida legislature passed the Birth-Related Neurological Injury Compensation Plan in an attempt to curb these expenses while still providing financial assistance to families with children suffering certain birth injuries.
According to the Plan, families may be entitled to limited compensation if the following conditions are met:
- The child suffers a catastrophic spinal or brain injury during labor, delivery or resuscitation following the birth
- The child's injury is caused by oxygen deprivation or mechanical injury (compression, traction)
- The child is permanently and substantially mentally and physically impaired because of the injury
- It was a live birth and the child weighed at least 2000 grams at birth
The Plan provides compensation regardless of the existence of fault on the part of the physician or others. In Florida, the Plan generally is the exclusive remedy for families with children who meet the criteria. This means that the families do not have the option of bringing a medical malpractice claim against the doctor.
However, certain exceptions apply that would still allow a family to bring a medical malpractice suit, including cases where the physician was not a participant in the Plan; where the physician did not provide notice to the family of his or her participation in the Plan; or in cases of "bad faith, malicious purpose or willful and wanton disregard of human rights, safety or property." To learn more about the Plan or birth injury claims, please consult a personal injury attorney in your area.
"Birth injuries" refer to any injury the fetus and/or child suffers during labor and delivery. Some birth injuries are relatively minor and will heal over time. For example, birthmarks are a type of birth injury. Other birth injuries, however, are more serious and can leave a child permanently disabled, physically, mentally or both. Two of the more serious types of birth injuries include:
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