Blog > Florida Birth Injury Lawsuit Claims Errors Made by Nurse Midwife
Posted Aug 08, 2015
image Florida Birth Injury Lawsuit Claims Errors Made by Nurse Midwife

An injury caused during childbirth is at the center of a Florida lawsuit accusing a nurse midwife of negligence during delivery. The complaint was brought by the mother before the U.S. District Court for the Middle District of Florida. The defendant named in the case is the United States because the clinic where the baby was delivered is federally funded.

According to an article in Injury Lawyer News, the mother suffered from gestational diabetes and had a high-risk pregnancy. Fetal macrosomia (a newborn who’s significantly larger and weighs more than average) is common in cases of gestational diabetes. This condition increases the risk for a birth injury known as shoulder dystocia—an emergency complication where the baby’s head is born but one shoulder becomes stuck.

The suit claims that several alleged actions and omissions by the nurse midwife throughout labor and delivery led to shoulder dystocia resulting in the baby’s brachial plexus injuries.

Miami birth injury lawyer Tod Aronovitz says that despite advances in modern medicine, there are still times when a patient’s health is compromised due to human error and negligence. “Factors such as heavy patient loads, demanding schedules and cost-containment initiatives can lead to mistakes resulting in severe, permanent and life-changing injuries.”

The mother was admitted to the Gulf Coast Medical Center in Fort Myers in 2013, where she had labor induced. A preliminary exam supposedly did not account for estimated fetal weight. Delivery records reveal the baby experienced shoulder dystocia, and after employing subrapubic pressure, the McRoberts maneuver and the Wood’s screw maneuver, an almost 9-lb. baby boy was born.

As a result of trauma in childbirth, the baby experienced an alleged birth injury of limited movement in his right arm and no movement in his left arm. Subsequent examination confirmed he had injury to the brachial plexus nerves. A pediatric orthopedic surgeon diagnosed severe left upper extremity brachial plexopathy, and a reconstructive plastic surgeon determined a need for occupational and physical therapy, in addition to the possibility for future reconstructive surgery.

The plaintiff argues the nurse midwife failed to estimate fetal weight, failed to determine appropriate pregnancy and labor risk factors, rushed the delivery, used excessive traction and force to deliver the child vaginally, failed to provide acceptable medical treatment and intervention, and failed to order and perform a C-section delivery.

As a result of his injuries, the baby may suffer permanent disability, resulting in pain, suffering, physical impairment, mental anguish, loss of earning, and loss of the capacity for the enjoyment of life. The mother is expected to have substantial and ongoing medical expenses in caring for her child. The suit seeks compensatory damages and a trial by jury.

Mr. Aronovitz explains that birth injuries are rare but they still occur, averaging six to eight injuries per 1,000 live births. As a result of technology advances which enable obstetricians to recognize and monitor risk factors in nearly half of these cases, injuries to the infant from mechanical forces or simply from being born can be appropriately resolved. However, in the event that they are not, an injured party may want to make a legal claim as a result of a child’s birth injury. Our ARONOVITZ LAW attorneys can advise you in a free and compassionate consultation to determine whether a lawsuit may be filed.

ARONOVITZ LAW: Representing Florida Consumers in Birth Injury Cases

The Miami birth injury law firm of ARONOVITZ LAW pursues justice for Florida citizens who have been injured by the wrongful actions or omissions of another individual, government agency, or corporation. We can assist you with civil litigation including consumer class action litigation, whistleblower cases, medical malpractice, product liability, and wrongful death cases.

Contact Miami, Florida birth injury attorney Tod Aronovitz for a confidential discussion of your case.

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  • About the Author: Tod Aronovitz

     
    As President of The Florida Bar in 2002, Aronovitz served the state’s citizens and legal community through his impassioned leadership and dedication. His “Dignity in Law” Program improved public education and perception of lawyers and remains a part of the Bar’s communications efforts.