$5M Legal Malpractice Verdict Against Florida Medical Malpractice Law Firm For Botched Birth Injury Claim

A Florida legal malpractice jury found against a Florida plaintifs’ medical malpractice law firm on October 17, 2018, finding that the defendant medical malpractice law firm negligently failed to represent a woman for her own injuries suffered during childbirth during which the baby was severely and permanently injured.

The legal malpractice jury determined that had the defendant medical malpractice law firm properly represented the woman with regard to her birth injury medical malpractice claim, she would have recovered $4.5 million from a nurse midwife and her OB-GYN medical practice, and $500,000 from the hospital where the botched delivery took place.

The woman had gone to the hospital on November 2, 2006, to give birth to her son. The woman was administered medication to induce labor after which the fetal heartbeat deteriorated and the woman experienced tremendous pain. The woman’s uterus ruptured before an emergency Cesarean section delivery was accomplished. As a result, the baby was deprived of oxygen before birth and suffered a permament anoxic brain injury that requires around-the-clock care provided by the mother for her now 12-year-old son.

The woman had contacted the Florida medical malpractice law firm, which agreed on February 17, 2007 to represent her and her son in a birth injury medical malpractice lawsuit in Florida. The woman claimed in her legal malpractce lawsuit that the law firm she hired focused entirely on her son’s birth injury claim and failed to proceed with her own substantial medical malpractice claim that included her inability to have further children as a result of the botched labor and delivery of her son.

It was subsequently determined that the woman’s son was qualified to receive benefits from the Florida Birth-Related Neurological Injury Compensation Association (“NICA”), which was created by the Florida Legislature in 1988 to manage the Florida Birth Related Neurological Injury Compensation Plan (“Plan”) that is used to pay for the care of infants born with certain neurological injuries. The Plan pays actual expenses for necessary and reasonable care, services, drugs, equipment, facilities, and travel, excluding expenses that can be compensated by state or federal governments, or by private insurers; a one-time cash award, not to exceed $100,000, to the infant’s parents or guardians; a death benefit for the infant in the amount of $10,000; and/or reasonable expenses for filing the claim, including attorney’s fees.

By the time the woman’s medical malpractice law firm withdrew its representation in the matter after the woman’s child qualified for benefits under the Plan, the time had expired for submitting required notices regarding the woman’s intention to seek compensation for her own medical injuries suffered during childbirth, and the medical malpractice law firm had failed to provide the necessary notices, thereby precluding the woman from seeking compensation for her own injuries from the allegedly negligent medical providers.

The woman’s legal malpractice lawsuit against her former Florida medical malpractice law firm alleged that her attorneys were so focused on obtaining a big fee from the child’s birth injury medical malpractice claim that they ignored her claim for her own birth injuries.

The defendant medical malpractice law firm continues to deny liability to the woman and has vowed to appeal the jury’s verdict.


If you or your baby suffered a birth injury (or worse) during labor and/or delivery in Florida or in another U.S. state, you should promptly find a Florida birth injury lawyer, or a birth injury lawyer in your state, who may investigate your birth injury claim for you and represent you and your child in a birth injury medical malpractice case, if appropriate.

Click on the “Contact Us Now” tab to the right, visit our website, or call us toll-free in the United States at 800-295-3959 to find birth injury attorneys in your state who may assist you.

Turn to us when you don’t know where to turn.

This entry was posted on Friday, November 9th, 2018 at 5:15 am. Both comments and pings are currently closed.

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