Can a Hospital Be Sued for a Birth Injury?

The birth of a child should be a joyful experience. Unfortunately, preventable medical mistakes can cause the kind of birth injuries that leave families with extensive medical needs, unexpected financial strain, and uncertainty about the future. If you find yourself in this situation, it’s natural to wonder if you have the right to sue the hospital for a birth injury.

In many cases, the answer is yes. Florida law allows injured patients to pursue medical malpractice claims when a responsible party fails to meet the accepted standard of care and that failure causes an injury. This goes beyond the physicians in charge of your treatment, and extends to nurses, facility administrators, and even the hospital itself. Our medical malpractice lawyers can review your situation and help you understand if you have a viable claim for damages.

You Can Sue Hospitals for Birth Injuries

Hospitals owe patients a duty to provide reasonably safe medical care. That responsibility extends beyond the building itself. These entities have an obligation to hire qualified personnel, maintain safe policies, and ensure that staff members follow accepted medical standards. When these standards aren’t met, a hospital could be found liable after medical errors occur.

A hospital may become legally responsible for a birth injury in several ways. For example, nurses may fail to monitor fetal distress, or staff members could delay notifying a physician about dangerous complications. However, some of the most common reasons hospitals face liability involve issues such as poor training or understaffing.

Hospitals may also face liability when they negligently hire or retain medical personnel who are not qualified to provide safe care. This could involve hiring someone unqualified for the position or failing to do a proper background check on an applicant with a dangerous criminal record.

Other Potential Defendants

The hospital may not be the only party responsible for a birth injury. Some of the other parties that could be liable for a birth injury include the following:

Obstetricians

The delivering physician is a central figure in every birth injury case. This should come as no surprise, given that they have the final say on health issues involving the mother or child. There is the potential for grave consequences when an obstetrician is careless in their duties, whether they delay a necessary cesarean section or improperly use a vacuum extractor. If those mistakes result in injuries, the physician may be responsible for the resulting damages.

Nurses

Labor and delivery nurses constantly monitor both mother and child throughout the delivery process. Because they’re in constant contact with the patients, they are the first line of defense against warning signs like fetal distress or low oxygen levels. It’s the nurse’s obligation to communicate with the physician and provide any treatments or medication the doctor orders. When nurses fail to properly monitor the mother or child, they can let a relatively minor issue grow into something catastrophic.

Anesthesiologists

Some deliveries require epidurals or general anesthesia. An anesthesiologist must administer anesthesia safely while monitoring both mother and baby throughout the procedure. Errors involving anesthesia dosage, delayed treatment of complications, or inadequate monitoring may cause serious harm during delivery and can form the basis of a malpractice claim.

Medical Groups

Many physicians work for medical groups rather than directly for hospitals. In some cases, the physician’s employer may also bear legal responsibility for negligent medical care. An attorney can examine employment relationships and contractual agreements to determine whether a medical practice should be included in the lawsuit.

How Much Time Do I Have to File a Claim?

Florida law sets strict deadlines for medical malpractice claims, including birth injury lawsuits. Missing these deadlines can upend your chances of compensation, as the courts will generally dismiss claims filed after the time period expires with prejudice. In other words, you could lose your shot at compensation, no matter how much the facts favor you.

In many cases, a medical malpractice lawsuit must be filed within 2 years of the date the injury was discovered or should reasonably have been discovered. However, Florida also generally applies a four-year statute of repose, which bars many claims filed more than four years after the malpractice occurred, even if the injury was discovered later.

Of course, there are exceptions to these rules when minors are involved. This is done in part because of how long it can take for developmental delays related to birth injuries to become obvious. If the injury isn’t discovered immediately, the family has until the child’s 8th birthday to pursue legal action.

Damages You Could Recover

Some of the compensation you could recover from a hospital in a birth injury lawsuit includes the following:

Medical Expenses

Medical expenses often represent the largest portion of a birth injury claim. Compensation may include hospital bills, surgeries, physician visits, rehabilitation, medications, medical equipment, and other treatment related to the injury.

Lost Income

Parents frequently miss work while caring for an injured child or attending medical appointments, and those lost earnings may be included in a damages claim. In severe cases, one parent may leave the workforce permanently to provide daily care for their child, so it may be possible to recover future lost earnings as well.

Pain and Suffering

Birth injuries often cause significant physical pain, emotional suffering, disability, and reduced quality of life for the child. Parents may also experience emotional distress associated with caring for an injured child.

Future Financial Losses

Some birth injuries permanently affect a child’s ability to work independently as an adult. A claim may include compensation for diminished future earning capacity when the injury limits future employment opportunities.

Home and Vehicle Modifications

Children with permanent disabilities often require significant changes to their homes and transportation. You might be entitled to the cost of adding wheelchair ramps, widening doorways, installing accessible bathrooms, or adding lifts to the family home or vehicle.

An Attorney Can Help Protect Your Family’s Future

If you have questions about your legal options following a traumatic childbirth, now is the right time to speak with an attorney. Our firm is proud to advocate for the victims of medical negligence, and we look forward to serving you. Contact Fogg Law Group today for a free consultation.