About Labor and Delivery Negligence | Birth Injuries | Searcy Denney

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About Labor and Delivery Negligence


No Recovery, You Owe Us Nothing

About Labor and Delivery Negligence

Labor and delivery negligence occurs when a medical professional or facility makes a mistake (a deviation from the acceptable standard of care) that results in injuries to the mother or the fetus. Negligence in the delivery and recovery rooms give rise to a medical malpractice cause of action.

Searcy Denney has represented injured Florida patients for over 40 years. Because our law firm only handles complex personal injury claims, we have built the necessary resources and knowledge to take on large corporate hospitals and insurance companies on our clients’ behalf.

Birth injuries cause tremendous physical, emotional and financial strain. Our goal is to recover the compensation you need to give your child the very best opportunities for medical care and enjoyment of life.

Elements of a Labor and Delivery Negligence Claim

In order to prevail on a labor and delivery negligence claim, you must prove that your doctor had a duty to you, your doctor breached that duty, you were injured as a result of the breach and you sustained damages. You may bring a case for yourself, on behalf of your young child or both.

Liability of Medical Professionals and Health Care Facilities

Multiple professionals may have been part of your delivery team, including:

  • Obstetrician gynecologist (OBGYN)
  • Midwife
  • Labor and delivery nurse
  • Registered nurses
  • Anesthesiologist
  • Maternal fetal doctor for high risk pregnancy
  • Neonatologist for premature or injured baby
  • Pediatrician
  • Pharmacist
  • Medical residents or students
  • Hospital staff

All of these health care providers have a duty to perform at an acceptable standard of care, meaning they are required to act in a manner consistent with a similarly situated health care provider.

In addition, the hospital has a duty to provide you with a safe, sterile environment with competent staff. Diagnostic labs have a duty to produce accurate, timely results to tests.

Mistakes During Labor and Delivery

You may have a labor and delivery negligence claim if medical professionals and health care providers deviated from the acceptable standard of care that injured you or your newborn child. Our medical malpractice attorneys regularly handle labor and delivery injury claims involving:

  • Failing to accurately assess risks to the mother’s or child’s health
  • Not recommending Cesarean section when appropriate
  • Failing to induce labor or inducing labor too soon
  • Improperly inserted epidural needle, resulting in nerve damage
  • Inadequate monitoring of the baby for fetal distress and subsequent oxygen asphyxia
  • Tugging on the baby’s arm, resulting in shoulder dystocia and brachial plexus injury

Damages Arising from a Labor and Delivery Malpractice Claim

Damages depend upon the facts of your case and the extent of your baby’s injuries, but may include:

  • Medical bills
  • Neonatal care
  • Special equipment and housing
  • Future medical treatments
  • Your and your partner’s lost income
  • Disabilities of your child
  • Your child’s pain and suffering
  • Your and your partner’s mental anguish

Learn More About Your Rights After a Labor and Delivery Error

An error in the delivery room can adversely impact your lives forever. Searcy Denney pursues the damages you deserve as a result. Schedule a free consultation with our medical malpractice lawyers today. Because Florida birth injury lawyers take your claim on contingency, you run no risk in pursuing your legal rights.

Our Fee Promise: No Recovery, You Owe Us Nothing.

A Florida personal injury firm ready to fight for you.

Call us: 800-780-8607free initial consultation

West Palm Beach

Searcy Denney 2139 Palm Beach Lakes Blvd.
West Palm Beach, FL 33409-6601
Toll-free: (800) 780-8607
Phone: (561) 686-6300
En Espanol: (800) 220-7006


Searcy Denney The Towle House, 517 N. Calhoun St.
Tallahassee, FL 32301-1231
Toll-free: (888) 549-7011
Phone: (850) 224-7600
En Espanol: (800) 220-7006

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Personal injury attorneys ready to fight for you.

Searcly Law

Our Fee Promise: No Recovery
You Owe Us Nothing.

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