Firm News

What Is Prenatal Malpractice?

Having quality prenatal healthcare is critical not only for the mother’s health, but the baby’s as well. Pregnant women trust their physicians to provide them with accurate and necessary information, as well as any necessary diagnostic tests and other medical care. 

Regular visits with an obstetrician or gynecologist help ensure that a pregnancy is progressing normally. When potentially harmful conditions or issues are diagnosed in advance, many of them can be managed and treated by a physician. Unfortunately, this doesn’t always happen, and some doctors and hospitals fail to meet a set standard of care. Ultimately, prenatal malpractice can result in harm to the pregnant woman or the baby.

What Is Considered Negligent Prenatal Care?

The last thing a mother wants to hear is that her doctor was negligent while she was pregnant, and that that negligence caused harm to herself or her baby. Negligent care by the physician may lead to birth injuries and other lasting effects. Unfortunately, many women and their babies suffer from medical conditions because of mistakes made during the prenatal stage. 

Navigating medical malpractice is difficult enough in itself. How do you know if the injuries or harm were a result of negligence? Every case is unique, making it crucial to speak with a highly-qualified medical malpractice attorney. If you even suspect you or a loved one has suffered from prenatal malpractice, seek out an attorney to determine if you have a legitimate case. 

A physician is required to provide an expected level of care to their patients, known as the standard of care. The standard of care is defined as the level of skill, expertise, knowledge, and care possessed and carried out by physicians in a similar community under similar circumstances. When a physician falls below this level of care, he or she is considered negligent. 

The effects of prenatal negligence can be tragic, considering the vulnerability of both the mother and baby. A family may find themselves dealing with issues like lifelong medical care and emotional turmoil for the family. There are several types of prenatal malpractice that result in irreversible damage.  

Here are some examples of prenatal malpractice:

  • Failure to provide proper testing 
  • Failure to diagnose a medical condition or disease
  • Diagnosing the wrong condition
  • Administering harmful medications
  • Failure to inform patients of the risks of a specific procedure or failure to recommend alternative options
  • Failure to monitor fetal vital signs during childbirth
  • Unnecessary surgery 
  • Improper use of forceps or vacuums during childbirth

Any one of these examples can result in life-altering injuries to the baby or mother, including brain damage, nerve damage, or death. To receive proper compensation for these injuries, it’s essential to contact an experienced Miami medical malpractice lawyer who can help you file a claim.

Recovering Damages From Prenatal Malpractice

Medical malpractice cases are complex and can be difficult to prove. In order to receive the highest amount of compensation for your case, you need to be able to prove several elements—that a doctor-patient relationship was present, the doctor breached their duty of care, that breach caused harm, and that there were significant damages. Without all of these elements present, you will not be able to successfully file your medical malpractice claim. 

It is important to gather as much evidence and details as possible to support your claim, including medical records, insurance claims, billing receipts, witness information, and statements. This information will aid your attorney in their investigation of your medical malpractice claim. 

It is also imperative that you don’t wait too long to file a claim. In the state of Florida, victims of medical malpractice have a time limit of two years after the discovery of the malpractice to file a lawsuit. However, there is one key exception. For medical malpractice cases involving fraud, concealment, or intentional misrepresentation, victims have the opportunity to sue up to seven years after the incident first occurred. Speaking with a qualified attorney will help you determine the best course of action in your unique case.

Miami Medical Malpractice Lawyers

The birth of a child should be a cause for celebration—not a source of suffering due to a negligent physician. If you believe you or a loved one has been a victim of prenatal medical malpractice, don’t hesitate to call the attorneys at Friedman & Friedman. We will ensure that your case is still valid under the statute of limitations and provide you with the aggressive legal representation you need to seek justice.

Over the past four decades, our team has won many medical malpractice cases, resulting in hundreds of millions of dollars in settlements and verdicts for our clients. Our years of experience in handling birth injury cases make us the right attorneys to fight for you during this difficult time. Contact us today to learn more about how we can help. 


Tue Oct 8, 12:07pm