Florida Personal Injury Lawyer Blog
When is Maternal Death or Miscarriage Medical Malpractice?
Pregnancy and childbirth can be a time of intense joy and anticipation for families. It can also be a time of great apprehension given the risks. Just because something goes wrong in pregnancy or childbirth doesn’t automatically mean there’s a basis for a Florida medical malpractice lawsuit. However, there are absolutely instances when maternal death and sometimes miscarriage could be grounds for a claim.
It is critical to work with a Southwest Florida medical malpractice attorney who understands the complexity of these claims and has the skills, resources and commitment to seek accountability from negligent medical providers when warranted.
An estimated 1 in 4 pregnancies end in miscarriage, according to the American College of Obstetrics and Gynecologists. Most of these occur in the first trimester, and there is often no obvious cause.
Questions of legal accountability can be complicated, but might be raised when there is evidence of a medical provider’s clear error, misstep, or missed diagnosis that caused or significantly contributed to the loss. Possible examples might include:
- A hospital-acquired infection.
- Failure to provide prompt and proper treatment in the event of a medical emergency.
- Missed diagnosis of a serious condition, such as preeclampsia, can lead to miscarriage and/or maternal death.
However, under current Florida law, civil liability for negligence leading solely to the death of a fetus (as opposed to the mother) would not be considered “wrongful death.”
The notion of the “ideal” body shape is ever-changing, and in Florida, plastic surgeons are in high demand. However, it appears the lure of steep profit margins has led some physicians who are not uniquely qualified, experienced or careful to offer complex medical procedures at rock-bottom prices – often with tragic results. A recent series of botched cosmetic surgeries in South Florida has led to a spate of medical negligence lawsuits, a change in Florida law (effective 1/1/20) and a pending Florida Supreme Court ruling.
The Florida Second District Court of Appear recently urged the Florida Supreme Court to revisit the question of whether a largely debunked “insurance crisis” still justifies limiting – or altogether prohibiting – damages to survivors in some medical malpractice wrongful death cases. As we will further detail in our post, the FL 2nd DCA sent a certified question to the Florida supreme court that centers around FL statute 768.21 and the Florida wrongful death damages cap.
