Birth-Related Injuries


  • According to the Centers for Disease Control, there were 3,999,386 recorded births in the United States in 2010.
  • In 2012, 6 out of every 1,000 births in Florida resulted in death.
  • The leading causes of infant deaths include prenatal complications, congenital malformations, unintentional injuries and SIDS.

Birth Related Injuries

Giving birth to a child in the United States involves healthcare providers from many different medical disciplines. Typically, a pregnant woman is followed by an OBGYN of her choosing during the prenatal period which will involve routine care including fetal tracings, ultrasounds and blood work. Sometimes, in the case of high risk pregnancies, a perinatologist may be consulted with regard to monitoring of both the mother’s and fetus’ health. The majority of births in the United States take place in a dedicated Labor & Delivery Department of a hospital. Hospitals employ nurses and midwives who specialize in the delivery of newborns. The nurses do not work for the doctors. Also, while an obstetrician may choose to deliver babies in a particular hospital, the obstetrician is most often not an employee of the hospital. He, or she, is an independent contractor who simply maintains privileges at the hospital. Once a baby is born, a pediatrician preselected by the parents will see the newborn in the hospital for his first check-up. Similar to obstetricians, pediatricians are usually self employed. If all goes well, both mother and baby will be discharged from the hospital within 1-3 days of birth.
There are many congenital and environmental factors that can result in a complication of pregnancy which can negatively impact the health of a mother and/or fetus. All healthcare providers are required to render care and treatment within the recognized standard of care for their medical discipline. A healthcare provider is considered negligent when he or she deviates from the recognized standard of care, and an injury occurs as a result. Prenatal and birthing injuries related to healthcare provider negligence often arise in the following situations:

  • Prenatal Diabetes
  • Preeclampsia
  • Undiagnosed congenital defects/Wrongful Birth
  • Unnecessary C-sections
  • Cerebral Palsy
  • Erb’s Palsy
  • Shoulder Dystocia
  • Undiagnosed fetal distress
  • Meconium Aspiration Syndrome
  • Placental Abruption
  • Brachial Plexus Injury
  • Bells Palsy
  • Hypoxic Ischemic Encephalopathy
  • Neurologic Injury
  • Hypoxia & Brain Damage
  • Fetal Death
  • Pitocin & Medication Errors

In 1988, The State of Florida has enacted the Birth Related Neurological Injury Compensation Association (NICA) to provide financial compensation to families who have given birth to a child who suffered a particular type of neurological injury. However, in order to be eligible for NICA benefits, the obstetrician who delivered the injured baby must be a member, and the type of injury suffered must meet NICA’s criteria. Although it may be a no-fault system that can provide “actual expenses for necessary and reasonable care” for the injured child, the application process can be very daunting and difficult. If you have given birth to a child with a neurological injury, we can assist in preparing your claim to the NICA board.

We are experienced in evaluating and pursuing all medical negligence claims related to pregnancy, prenatal care, labor and delivery.  If you believe you have been the victim of medical negligence, Lane & Glassman, would like the opportunity to discuss your potential claim.  Should you have a viable medical negligence claim, we will fully investigate all the issues of medical negligence, retain the appropriate medical experts required to prove your case, and pursue your claim through trial.  Please call toll free (844-USA-LAWS) or e-mail ( Lane & Glassman, to discuss your potential medical negligence claim.