Elderly Lives Matter
Ford, Dean & Rotundo, P.A.Ford, Dean & Rotundo, P.A.
Elderly Lives Matter
Call For A Free Consultation
En EspaƱol

Failure to diagnose claimed against doctor, hospital in Fla birth

Medical errors often constitute medical malpractice. A failure to diagnose symptoms with a reasonable degree of medical care can cause lasting injuries, paralysis, or even unexpected death. This is especially true when dealing with birth injuries, and a recent Florida medical malpractice lawsuit evidences the severe consequences that can follow substandard care.

A couple, living in Winter Haven at the time, claims their newborn son was delivered in March 2009 by a medical team at Winter Haven Hospital that failed to diagnose a serious emergency condition commonly referred to as a shoulder dystocia. This medical error can lead to serious disfiguration requiring correction with major surgeries. The suit also alleges the medical team did not move quickly enough to recognize symptoms of fetal distress, did not deliver the baby with sufficient speed, and applied an excessive amount of traction to the head during delivery.

The parents complain that failure to provide appropriate prenatal care and treatment contributed to the medical malpractice because a reasonable degree of care should have led to the correct diagnosis of the conditions and proper care for the baby to prevent significant complications. The lawsuit alleges the baby has suffered permanent damage, which includes a serious brachial plexus injury. This type of injury interferes with the nerves sending signals from the spine to the shoulder, arm and hands. The treating doctor, his employer and the hospital were all named in the lawsuit, which seeks unspecified damages in excess of the statutory minimum of $15,000.

In this case, it appears the child now faces years of delicate surgery to correct the problems. The lawsuit will now proceed though the Florida courts and it serves as an important reminder that those suspecting substandard medical treatment would benefit by conferring with an attorney experienced in medical malpractice law and procedure. The lawyer can help assess liability, preserve crucial evidence and pursue claims against all negligent parties to hold them fully accountable under the law.

Source: The News Chief News, "Malpractice lawsuit claims negligence in birth," Robin Williams Adams, Oct. 26, 2011

No Comments

Leave a comment
Comment Information
  • Honors & Awards
  • Multi Million Dollar Advocates Forum
  • Million Dollar Advocates Forum
  • Florida Trends Florida Legal Elite
  • The Florida Bar Board Certified
  • National Board of Trial Advocacy NBTA Established 19977
  • AV Lexis Nexis Martindale Hubbell Peer Review Rated for Ethical Standards and Legal Ability tm
  • AVVO
  • Rated By Super Lawyers William A. Dean
Get In Touch

Let Us Help Your Family Today

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Contact Us For A Free Consultation

Ford, Dean & Rotundo, P.A.
3323 NE 163 Street, Suite 605
North Miami, FL 33160

Phone: 305-670-2000
Fax: 305-670-1353
North Miami Law Office Map