Birth Trauma in FL: Do You Have a Case?

Having a baby is one of the most exciting times in a person’s life. Unfortunately, things don’t always go to plan. Childbirth is a very emotional process and when you are let down by the medical providers you are entrusting with yourself and your baby’s safety, then severe physical and emotional issues can result when things go wrong.

Birth trauma is a real thing and it’s experienced by many people. In the state of Florida, there are things a person who has experienced birth trauma can do to hold responsible parties accountable. Read on to find out what you need to know about birth trauma and how an attorney may be able to help.

Birth Trauma: What Is It?

Birth trauma occurs when a person having a baby experiences psychological or emotional distress before, during, or after they give birth to a child. In many cases, it is the result of medical negligence or unmet expectations during the birth process.

When birth trauma occurs, anxiety and shock may be experienced by the person who has just given birth. Some of the factors that have been found to influence birth trauma include:

• Medical negligence due to receiving improper care
• Complications during delivery
• A history of anxiety
• Emergency interventions during delivery such as forceps or cesarean sections
• An injury to either the birthing person or the baby during the delivery

It’s a sad reality that birth trauma can not always be prevented, but there are some things that those having a baby can do to help reduce the chances of birth trauma occurring such as taking prenatal classes to prepare for the birth and having realistic expectations for the birth process with an understanding that things may not always go to plan.

What Are The Symptoms of Birth Trauma?

How do you know if you’ve experienced birth trauma? There are some symptoms that can easily be spotted in you or someone you love that indicate it may be occurring. Some of the signs include:

• Vivid flashbacks or intrusive thoughts
• Nightmares or other problems sleeping
• Anxiety
• Blaming yourself or feeling alone
• Irritability or feeling on edge
• Avoiding the trauma by even thinking or talking about it
• Anxiety

These are just a few of the symptoms to be on the lookout for. There are many other feelings a person can have in the wake of a troubled labor and delivery that fall into the category of birth trauma. Just make sure you seek treatment if you believe it is happening to you.

What Can You Do?

Medical negligence occurs when a medical professional doesn’t provide a certain standard of care. Doctors, nurses, and other medical professionals owe a duty of care to their patients. In cases where the duty of care was not provided and damages occurred as a result, then you may have a legal case against them.

Medical malpractice is also something you may want to discuss with your attorney since it often occurs with medical negligence. You may need to file a medical malpractice claim in order to establish a case of medical negligence, so make sure to speak with your attorney.

You have rights. And while things may go wrong during the delivery of a baby, sometimes those things that led to your trauma could have been prevented and you deserve compensation for them.

About the Author:

Andrew Winston is a partner at the personal injury law firm Winston Law. For over 20 years, he has successfully represented countless people in all personal injury cases, focusing on child injury, legal malpractice, and premises liability. He has been recognized for excellence in representing injured clients by admission to the Million Dollar Advocates Forum and named one of America’s Top 100 High-Stakes Litigators. Mr. Winston is AV Preeminent Rated by the Martindale-Hubbell Law Directory, enjoys a 10.0 rating by AVVO as a Top Personal Injury Attorney, and has been selected as a Florida “SuperLawyer” from 2011-2022– an honor reserved for the top 5% of lawyers in the state – was voted to Florida Trend’s ”Legal Elite,” recognized by Expertise as one of the 20 Best Fort Lauderdale personal injury attorneys, named one of the Top 100 Lawyers in the Miami area for 2015-2022, and one of the Top 100 Lawyers in Florida for 2015-2017 and 2019-2022.