What legal remedies are available to a parent whose child suffered a birth injury during labor?

What legal remedies are available to a parent whose child suffered a birth injury during labor?

Largo, FL—Birth injuries can happen for a number of different reasons, including, but not limited to1:


  • Babies being born prematurely. When a baby is born before 37 weeks, they are at risk of suffering injuries as their bodies are much more fragile.


  • The size and shape of a mother’s pelvis. Stanford Children’s Health says that if the size and shape of a mother’s pelvis is “not adequate for the baby to be born vaginally,” it can lead to complications and a mother having to undergo a c-section. This condition is referred to as cephalopelvic disproportion.


  • The baby is born large. Babies that are born and weigh over eight pounds and 13 ounces are at a higher risk of suffering a birth injury.


  • Dystocia. Dystocia, which is “abnormally slow or protracted labor,” can cause a baby to suffer injuries and is responsible for 25%-55% of c-section deliveries.2


  • The baby is born breech. This is when a baby is born buttocks first.


  • Prolonged labor. If a first-time mother goes into labor and it lasts for about 20 hours or more, this is considered prolonged labor.3 For mothers who have previously given birth, prolonged labor is 14 hours or more.


While many of the insurance a newborn suffers are a natural cause of birth, some happen when a medical professional fails to act or makes a mistake while rendering care. For example, if a new mom experiences prolonged labor and her treating physician fails to intervene which causes the baby to suffer one or more injuries, they can be held accountable for their lack of care.


Legal Remedies a Parent Can Take After a Baby Suffers a Birth Injury


If a baby suffered an injury during the birthing process and his/her parents believe it was caused by a doctor or nurse’s negligence, they can file a medical malpractice lawsuit against the doctor or hospital in which they work for. Filing a lawsuit helps to recognize one or more parties for their act of negligence and also allows the filing party to request damages.

Parents who would like more information on filing a medical malpractice lawsuit in Florida can contact Trevena | James, Attorneys At Law to speak with a Largo medical malpractice lawyer. A medical malpractice lawyer can determine if a child’s parents have the grounds to sue as well as decide which damages they should sue for.


With its office based in Largo Florida, Trevena | James, Attorneys At Law primarily practices in Pinellas, Hillsborough, and Pasco County, and throughout the state of Florida.


Trevena | James, Attorneys At Law is located at:


801 W Bay Drive, Suite 509

Largo, FL 33770

Phone: 727-581-5813

Website: www.trevenajames.com



  1. https://www.stanfordchildrens.org/en/topic/default?id=birth-injuries-90-P02687
  2. https://www.aafp.org/afp/2021/0115/p90.html
  3. https://americanpregnancy.org/healthy-pregnancy/labor-and-birth/prolonged-labor/