Close Menu
Miami Malpractice Lawyer
Medical Malpractice & Personal Injury Lawyers Serving All of Florida Call Us 24/7 for a FREE Consultation 888-677-7764
Contact Us Today En Español An Kreyòl

Florida Medical Malpractice Laws and Wrongful Birth Cases

Author: Jonathan E. Freidin

Read More About Author

Last Updated: Feb 9, 2025

Read: 3 min read

Baby

Pregnancy should be a joyous and heartwarming experience for women, but elation can turn to devastation upon the discovery that a baby might be born with a serious medical condition or genetic ailment. Though it’s not the right decision for everyone, many mothers-to-be opt to terminate the pregnancy; whereas others might decide to move forward and bring the child into a loving family. Under either scenario, it is important to have a full, comprehensive picture of what to expect.

Unfortunately, there are circumstances where a health care provider makes a critical mistake, rendering it impossible for a woman to make an informed decision. In legal terms, these matters are referred to as Florida wrongful birth cases, and you may have options if you find yourself in such a situation.

Wrongful Birth as a Medical Malpractice Claim: Florida’s medical malpractice statute allows for a cause of action when a health care provider’s treatment is not in conformance with the generally accepted standard of care in the relevant field. A wrongful birth claim is one where the parents have grounds to sue because they weren’t offered an opportunity to avoid giving birth to the child – often through termination of the pregnancy. The infant is usually born with traumatic, life-altering defects, and the parents were never told of the circumstances. 

Elements of a Wrongful Birth Case: As a form of medical malpractice, there are certain sets of facts you must prove to prevail in a wrongful birth case. Generally, you need to establish a breach of the standard of care. When a fetus possesses a serious medical issue, the focus is on what a prudent physician – such as an OB/GYN or neonatal practitioner – would have done under similar circumstances. A physician may commit errors such as:

  • Failing to properly diagnose a medical condition affecting the fetus
  • Withholding information regarding the likelihood that the child would have a severe ailment
  • Not counseling the parents on the probability that the infant would develop a serious medical condition

Compensation in Florida Wrongful Birth Cases: The key to recovering monetary damages in a wrongful birth claim focuses on the losses resulting from the physician’s failure to conform to the standard of care. The medical costs, especially in-home, 24/7 care for a child with a severe birth defect can be very high. Plus, there are the emotional consequences for the entire family. In a successful claim, it’s possible to recover for these losses and many more – depending on the details of your case.

Contact a Florida Wrongful Birth and Birth Injuries Lawyer to Discuss Your Rights 

If you have questions or concerns about a wrongful birth matter, it’s important to discuss your legal options with a skilled wrongful birth and birth injuries attorney. The lives of your entire family have been immeasurably changed, and you could incur significant losses through a physician’s mistake. For more information on your rights and remedies, please contact the Miami birth injury lawyers at Freidin Brown, P.A. to set up a free consultation at our offices.

Don’t Ignore the Early Signs of a Birth Injury

Facebook LinkedIn
Jonathan Freidin
Written and Reviewed By
Jonathan Freidin and the Freidin Brown Team
Jonathan Freidin is the Managing Partner at Freidin Brown, P.A. Since joining the firm in 2014, he has handled some of the firm’s most serious personal injury cases and represented clients in several jury trials involving catastrophic injuries.
Contact Me Now