A Florida woman filed a lawsuit against the government on behalf of her infant, claiming that birth-related medical malpractice led to her child’s birth injury.

The plaintiff, Arnecia S., claims that during her child’s delivery in December 2014, her baby was born with a shoulder injury that has made that arm unusable to this day. The injury, the lawsuit claims, is permanent and was caused by birth-related medical malpractice.

According to the lawsuit, there were no doctors present during the birth, and she was instead attended by midwives at a Lee Memorial Health System facility. The lawsuit claims that Arnecia’s public hospital doctor was not even in attendance at the birth, and furthermore, failed to direct the midwives that were present to perform a caesarian section and avoid birth injury.

Instead, Arnecia says the natural birth led to a shoulder injury that has had permanent effects on the infant’s arm movement abilities. Had the midwives conducted the proper tests, she alleges, they would have found that a C-section delivery would help prevent a birth injury for the baby. Instead, Arnecia says they had to use too much force to pull the baby out during the natural birth, leading to a “totally preventable” permanent injury.

The lawsuit claims that this negligence constitutes birth-related medical malpractice and that the federal government is liable on behalf of the public hospital employees involved.

According to the complaint, the doctor’s level of care “fell below what a reasonable and prudent health care provider of the same or similar level of certification would have employed under the same or similar circumstances by, among other acts and omissions, failing to develop, employ, monitor, and follow appropriate policies and procedures with regard to the assessment, treatment, management and oversight of patients.”

She says the birth-related medical malpractice injury has led to substantial losses, both emotional and monetary.

Birth Injury Basics

Childbirth is much safer in our current moment for both mothers and infants than it has been historically. Unfortunately, there are still substantial risks involved with childbirth, even to this day. While birth injuries can occur on their own during childbirth, they can also be caused by birth-related medical malpractice.

Some of the most common birth injuries include:

• Cerebral palsy
• Shoulder injury
• Oxygen deprivation
• Mental retardation
• Erb’s palsy
• Klumpke’s palsy
• Brachial plexus injury
• Retinopathy of prematurity

Hundreds of parents who believe that birth-related medical malpractice is responsible for their child’s injuries choose to file lawsuits each year. An experienced medical malpractice lawyer can help you find answers and even receive compensation for medical expenses, cost of care, and litigation payments.

Filing a Lawsuit Over Cerebral Palsy Claims

If you and your family have been affected by birth-related medical malpractice, it may seem like there’s nothing you can do. But while filing a lawsuit over birth-related medical malpractice cannot take away these injuries, it can help to provide financial compensation for medical expenses and other losses. Compensation may be able to provide support for prolonged or lifelong costs associated with raising a child with special needs caused by birth trauma.

If your child has suffered from a birth injury and you believe it may have been caused by birth-related medical malpractice, you may be able to file a lawsuit.

The Birth-Related Medical Malpractice Lawsuit is Case No. 2:17-cv-00621-JES-MRM, in the U.S. District Court for the Fort Myers Division of the Middle District of Florida.