Birth Injury Cases: When Medical Mistakes Lead to Malpractice Claims

A child’s birth is supposed to be one of the most incredible moments in a parent’s life. Parents put their trust in their medical providers, often including an OB-GYN, to safely deliver their child into the world. Birth injury cases are more common than most people realize. For every 1,000 babies delivered in the United States, approximately 7 will suffer a birth injury. Put another way, every 20 minutes, a baby suffers from birth trauma.

National Birth Injury Statistics

• Prevalence: Approximately 28,000 to 30,000 infants experience birth injuries annually in the U.S.
• Gender Disparity: Birth injury cases are roughly 35 percent more common in males, largely due to higher average birth weights and the resulting complications during delivery.
• Provider Risk: OB-GYNs face the highest number of malpractice claims of any specialty. Estimates suggest that 85 percent of OB-GYNs will face at least one medical malpractice suit during their career, with many facing two or three.

Despite the prevalence of these incidents, birth injury malpractice claims are notoriously difficult to prove. They require a deep understanding of medical protocols and the expertise of a specialized birth injury attorney.

Common Birth Injury Cases and What Causes Them

A birth injury is defined as preventable trauma sustained by an infant during pregnancy, labor, or delivery. While some complications are unavoidable, many result from a medical professional’s failure to meet the prevailing professional standard of care.

Whether the injury involves oxygen deprivation or the misuse of delivery tools, the legal threshold is the same, and understanding what it takes to prove medical malpractice in Florida helps families assess whether a viable claim exists before pursuing litigation.

1. Hypoxic-Ischemic Encephalopathy (HIE)

HIE is a type of brain damage caused by oxygen deprivation (hypoxia) or reduced blood flow (ischemia) to the baby’s brain. HIE, whether mild, moderate, or severe, may cause neurodevelopmental delays and cognitive deficits that may not become apparent until school age.

Malpractice Link: Often caused by a failure to monitor fetal heart rate strips, ignoring signs of fetal distress, or failing to perform a timely emergency C-section.

2. Cerebral Palsy (CP)

While not all cases of CP are preventable, many stem from brain injuries sustained during a difficult birth.

Malpractice Link: Prolonged labor that results in oxygen loss or untreated infections in the mother can lead to permanent motor and cognitive impairments.

3. Brachial Plexus Injuries (Erb’s Palsy)

This involves damage to the network of nerves that sends signals from the spinal cord to the shoulder, arm, and hand.

Malpractice Link: Often occurs during shoulder dystocia, where the baby’s shoulder becomes stuck behind the mother’s pelvic bone. If a surgeon uses excessive force or “tugs” on the baby’s head, the nerves can be stretched or torn.

4. Fractures and Physical Trauma

The improper use of delivery tools like forceps or vacuum extractors can lead to skull fractures, broken collarbones, or intracranial hemorrhaging.

Common Causes of Birth Injuries

Umbilical Cord and Placental Complications

• Umbilical Cord Prolapse: The cord slips into the birth canal ahead of the baby and becomes compressed, cutting off blood flow. If this happens during labor, it’s an emergency and the baby must be delivered right away.
• Nuchal Cord: The umbilical cord wraps tightly around the baby’s neck. While common and often harmless, it becomes a medical emergency if it tightens during contractions.
• Placental Abruption: The placenta prematurely detaches from the uterine wall. This is a life-threatening emergency as the baby’s only source of oxygen is severed.
• Placental Insufficiency: The placenta fails to deliver enough oxygen or nutrients, but this is more common in a post-term pregnancy or when maternal health issues like preeclampsia are present.

Complications During Labor and Delivery

The physical stress of birth can sometimes exceed the baby’s ability to cope, especially if labor is prolonged.

• Prolonged or Arrested Labor: If a baby is in the birth canal for too long, or the labor continues without progress, the repeated pressure from contractions can exhaust the baby’s oxygen reserves.
• Uterine Rupture: A tear in the uterine wall — most common in mothers with a previous C-section scar — that disrupts the blood supply to the placenta. This may also be a complication of labor induction. If your doctor recommended an elective induction and used the off-label medicine Cytotec, and you or your baby suffered injuries as a result, it may have been uterine rupture.
• Shoulder Dystocia: The baby’s shoulder gets stuck behind the mother’s pelvic bone. This can compress the umbilical cord or prevent the chest from expanding to take the first breath.
• Meconium Aspiration: If a baby is under stress, they may pass their first stool (meconium) in the womb. Inhaling this fluid can block the airways and prevent oxygen exchange immediately after birth. In order to make his or her first cry, your baby may need to be suctioned.

Medical Negligence at Birth and “Preventable” Hypoxia

In many malpractice cases, the underlying cause — like a cord issue — was a natural complication. But the failure to respond to it is what constitutes medical negligence at birth.

• Failure to Monitor Fetal Distress: Ignoring “late decelerations” or a “non-reassuring” heart rate on the electronic fetal monitor. Typically, babies are placed into Category I, II, or III tracings. Cat III tracings require immediate delivery while Cat I tracings indicate no distress. Cat II tracings are indeterminate. Babies who remain in this category for long periods of time may have their oxygen reserves depleted, which puts them at high risk for birth complications.
• Misuse of Pitocin: This labor-inducing drug can cause “uterine tachysystole” — contractions that are too frequent or too strong. If the uterus doesn’t relax between contractions, the placenta cannot “recharge” with oxygenated blood, slowly suffocating the baby.
• Delayed Emergency C-Section: Once fetal distress is identified, there is a “standard of care” window (often 30 minutes) to deliver the baby. Delays beyond this can lead to permanent brain damage (HIE).
• Improper Use of Forceps or Vacuum: Excessive force or incorrect placement of these tools can cause intracranial hemorrhaging (brain bleeds), which restricts oxygenated blood flow within the brain.

A provider’s failure to act on warning signs in time is a recurring theme across medical malpractice, and the same legal principles that apply to a delayed diagnosis becoming malpractice are directly relevant when an avoidable delay in delivery leads to permanent birth injury.

Maternal Health Factors

A mother’s underlying health can directly impact the oxygen concentration in the baby’s blood.

• Preeclampsia/Eclampsia: High blood pressure in the mother that constricts blood vessels in the placenta.
• Maternal Infections: Infections like Chorioamnionitis (infection of the placental membranes) can cause inflammation that impairs oxygen transfer.
• Maternal Hypotension: A sudden drop in the mother’s blood pressure, often caused by an epidural or anesthesia error, can reduce the force of blood flow to the baby.

Warning Signs for Parents: How to Spot a Birth Injury

Birth injury symptoms can range from obvious physical trauma to subtle developmental delays that don’t appear until months later. If you notice the following signs, it is important to consult both a medical specialist and a legal professional.

Immediate Warning Signs (0–48 Hours)

• Seizures: Twitching, jerking, or unusual eye movements.
• Muscle Tone Issues: Limp or “floppy” limbs (hypotonia) or extreme stiffness (hypertonia).
• Breathing Distress: Grunting, weak cry, or the need for resuscitation/oxygen at birth.
• Feeding Problems: Difficulty swallowing, weak sucking reflex, or excessive drooling.
• Physical Markers: Bruising on the head/face, an arched back while crying, or one arm hanging limply.

Delayed Warning Signs (2–12 Months)

• Missed Milestones: Failure to lift the head, roll over, sit up, or crawl by the expected age.
• Asymmetry: Favoring one side of the body or having a noticeably weaker grip in one hand.
• Reflex Issues: Persistent “startle” reflexes beyond the first few months.
• Cognitive/Social: Lack of eye contact or failure to respond to loud noises.

The Legal Process in Florida

The Pre-Suit Investigation (Florida Statute § 766.106)

Before you can file a birth injury lawsuit in Florida, your attorney must conduct a “good faith” investigation. This includes obtaining a Verified Written Medical Expert Opinion from a specialist in the same field as the defendant (e.g., an OB-GYN or neonatologist) confirming that negligence occurred.

Proving Causation

In 2026, proving causation remains the hardest part of a birth injury case. Hospitals often argue that the injury was caused by “genetic factors” or “prenatal conditions” rather than the delivery itself. Success requires a meticulous review of fetal heart rate monitor strips, labor and delivery timelines, neonatal blood-gas levels, and post-delivery imaging (MRIs/CT scans).

Hospitals often have significant resources to contest causation arguments, and knowing how to prove hospital negligence from the start helps birth injury attorneys build a record that can withstand that scrutiny.

Florida’s NICA Act

In Florida, NICA — the Neurological Injury Compensation Association — offers a no-fault alternative to medical malpractice lawsuits that covers medical care for children with a high-cost birth-related injury. NICA was founded in 1988 after the costs of litigation and OB-GYN malpractice premiums for birth-related injuries skyrocketed. NICA offers families the financial support they need for medical care while allowing OBGYNs to continue their practice of delivering babies.

Essentially, NICA covers the costs of an injured child’s medical care while the family cannot sue the OBGYN or any participating provider for birth-injury related damages. Florida Statutes (766.302(2)) provide that a child must meet certain criteria to be eligible for birth-related injury compensation from NICA.

 

What Compensation Can Families Recover?

While compensation cannot change the outcome of a birth injury, it holds providers accountable and secures the child’s future. A family may seek:

• Economic Damages: Lifelong medical care, home modifications, specialized therapy, and the child’s loss of future earning capacity.
• Non-Economic Damages: Pain and suffering, mental anguish, and the loss of the “capacity to enjoy life.”

Why You Need a Florida Birth Injury Attorney

Birth injury cases are highly specialized, and proving them requires experience that goes far beyond standard personal injury law. If you suspect your child’s developmental delays or physical injuries were caused by a mistake in the delivery room, do not wait. The medical records and fetal monitoring data needed to prove your case are vital, and the clock is ticking. Contact us today for a free, confidential consultation to discuss your concerns and understand your legal options for protecting your child’s future.