Medical Negligence and Preterm Births in Florida

Preterm birth can cause an infant to experience complicated health issues that may impact them for the rest of their life. Some instances of preterm birth can’t be avoided. Another scenario, however, is when a medical provider’s error causes preterm birth when prompt and proper care could have prevented it. Families affected by health complications related to preterm birth who believe that they might have been impacted by negligent medical providers should speak to an attorney.

Defining preterm birth

Preterm birth includes any birth that occurs prior to 37 weeks of gestation. However, there are three levels of preterm birth. The severity of conditions and risks depends on how early the infant is born. Here is how the categories are divided:

• Extremely preterm: Babies born prior to 28 weeks fall into the “extremely preterm” category. However, the survival rate for infants has improved for babies born very early. The likelihood of survival increases significantly with each week at this point, with babies born at 24 weeks having about a 40% survival rate, at 25 weeks, it jumps to 50%, at 26 weeks, infants have a 60% chance, 70% at 27 weeks, and 80% once they reach 28 weeks.
• Very preterm: Today, babies born between 28 and 32 weeks have a strong rate of survival, and many will go on to develop into healthy children. Still, a significant number, about one in 10, may have long-lasting complications.
• Moderate to late preterm: Babies born between 32 and 37 weeks account for the highest number of preterm births.

Premature births are relatively common, with about one in 10 babies in the US being born early. According to the March of Dimes, Florida’s rate is just slightly above the national average at 10.7%. The organization grades Florida a D+, and it falls 34th out of all states in the nation when it comes to early births. Globally, 13.4 million babies were born preterm in 2020 alone. These infants face varying degrees of medical complications.

Common causes of preterm birth

There are many potential causes of preterm birth. Existing medical conditions, environmental factors, and negligence are among the many potential causes of preterm birth.

Medical conditions that may lead to preterm birth

Medical conditions that create a greater risk of preterm birth include:

• Hypertension and preeclampsia
• Diabetes
• Infections (e.g., UTIs, bacterial vaginosis, intrauterine infections)
• Cervical insufficiency or uterine abnormalities

Women who have pregnancies back-to-back are also at a greater risk.

Lifestyle and environmental contributing factors

Certain lifestyle choices, addiction, and other factors may also lead to preterm birth, including the following:

• Smoking, alcohol, and drug use
• Inadequate prenatal care
• High-stress levels, including domestic violence
• Poor nutrition before and during pregnancy

Medical negligence as a contributing factor

Medical negligence can also lead to many complications with a mother and infant. Some possible forms of malpractice include:

• Misdiagnosis or failure to detect conditions, including infections, preeclampsia, or gestational diabetes.
• Failure to recommend necessary interventions like bed rest, cervical cerclage, or progesterone therapy.
• Delayed response to signs of preterm labor.
• Inappropriate administration of medication that may trigger early labor.
• Poor monitoring of high-risk pregnancies.
• Errors during in vitro fertilization (IVF) procedures, which can lead to multiple gestations.

Other issues may also contribute to early labor. If any of these might apply in your case, you should speak to an attorney.

Florida medical malpractice laws and preterm birth

Under Florida law, a medical provider commits malpractice if they fail to meet the standard of care for practitioners in their field, and their failure results in injury or harm. The law will require proof that the preterm birth is the direct result of the provider’s negligence. There are four factors involved:

• Establish a doctor-patient relationship.
• Demonstrate a breach of the standard of care.
• Prove that negligence led to harm (e.g., premature birth, health complications)
• Provide expert medical testimony that supports the claim.

At MatLaw, we can explain how these factors may come into play in your case.

When to file a claim

For families impacted by preterm birth that is potentially the result of medical malpractice, it’s extremely important to seek legal help promptly. You must file your case within two years, although there are exceptions, so it’s important to speak to an attorney as soon as possible.

Health complications of preterm birth

Preterm birth comes with plenty of risks, both immediately and well into the child’s future. Here are some of the potential conditions.

Risks to newborns

Shortly after birth, a preterm infant may experience:

• Breathing problems: The baby’s underdeveloped lungs may cause respiratory distress syndrome (RDS), apnea (pauses in breathing), or bronchopulmonary dysplasia (BPD).
• Heart problems: Conditions like low blood pressure are more common, as is the development of an open blood vessel between the aorta and pulmonary artery.
• Brain problems: Preterm births increase the risk of intraventricular hemorrhage (brain bleeding) and lack of oxygen, causing brain damage.
• Difficulties regulating temperatures: Premature babies lack body fat, which may cause hypothermia.
• Trouble with digestion: These infants have a higher risk of serious bowel conditions.
• Blood disorders: Common conditions like jaundice and anemia are more common in premature infants.
• Metabolism issues: Babies might experience metabolic problems such as low blood sugar.
• Weakened immune system: Premature births can leave babies more susceptible to infections, which can quickly lead to sepsis (a life-threatening condition).

Longer-term health issues

Some of the health issues may extend for months, or even the rest of that child’s life, including:

• Cerebral palsy: Preterm babies face a greater risk of this condition, which causes movement, muscle tone, or posture issues.
• Learning delays: Babies born early have a higher risk of developmental delays and learning disabilities.
• Vision problems: These infants may experience serious eye conditions that can cause blindness if untreated.
• Hearing loss: All preemies should have their hearing tested before leaving the hospital.
• Dental issues: Babies born premature may have delayed tooth development and enamel defects.
• Behavioral & mental health: Premature birth is associated with a higher likelihood of developmental, mental, and emotional health conditions.
• Chronic health issues: Babies born early may have a greater risk of asthma, feeding problems, frequent illnesses, and SIDS (sudden infant death syndrome).

What to do if you believe your infant suffered a birth injury

If you believe that your baby was born premature because of a doctor’s or other medical provider’s malpractice, you should start advocating for yourself and your family. Some of the steps to take include the following:

• Find a trusted provider: Your doctor should listen to your concerns. You shouldn’t feel like they are trying to downplay them or make excuses for the providers who you believe caused the injuries.
• Document everything: Keep careful track of all of your medical visits, treatments, and interactions with providers.
• Ask questions: Don’t be shy about asking questions about your provider’s recommendations and care.
• Seek a second opinion: You have the right to seek a second opinion. If something doesn’t seem right to you, seek another provider’s insights.
• Know your rights: Remember that Florida has malpractice laws that protect patients from negligence. Don’t hesitate to speak to a birth injury attorney.

If you believe that a doctor, nurse, or other provider caused your injuries, you should contact a medical malpractice lawyer to discuss your case. Preterm birth can lead to health complications that will follow a child throughout their life. A birth injury claim can help reduce the financial burden created by the need for ongoing care and support.

Reach out to MattLaw today

Preterm births can be devastating. Parents who learn that their child’s condition was preventable can feel even more frustrated. If your child suffered injuries because of premature birth, and you believe that medical negligence contributed to the condition, contact MattLaw today. Our compassionate attorneys are particularly passionate when it comes to fighting to protect the futures of the most vulnerable victims of injuries and medical malpractice—children. Call us or fill out our contact form to speak to an experienced Tampa medical malpractice lawyer.