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Birth-Related Protocol Violations and Medical Malpractice

Birth-Related Protocol Violations and Medical Malpractice

Get insights on birth-related protocols and how lapses during pregnancy, labor, and delivery can lead to medical malpractice claims.

Birth-related care refers to the medical treatment provided during pregnancy, labor, delivery, and the immediate postpartum period. These periods are medically complex and the care given is time-sensitive.

Healthcare providers must follow standardized clinical guidelines to ensure the health of the mother and child. These guidelines are often referred to as perinatal protocols and are designed to promote consistent, evidence-based decision-making while reducing preventable harm. When providers or facilities fail to follow them, the resulting injuries may form the basis of a medical malpractice claim in Florida.

In this article, we’ll break down:

Birth-related protocols are standardized medical guidelines used by hospitals, obstetricians, certified nurse midwives, labor and delivery nurses, and neonatal care teams to manage the known risks associated with pregnancy and childbirth. These protocols guide healthcare decisions relating to pregnancy, childbirth, postpartum, and newborn care and are rooted in evidence-based medicine and national standards.

Examples of widely recognized standards include:

Healthcare facilities are responsible for adopting these guidelines, training staff, and maintaining and updating these written policies. Failures at this level can directly affect patient safety. To learn more about this issue, we discuss the role of administration in establishing patient care protocols as part of our detailed Patient Care Protocols article.

Individual facilities have some freedom to set their own protocols, based on the type of care they provide and the risk their patients face. Some commonly accepted birth-related protocols include:

  • Prenatal monitoring and risk screening. Regular screening for conditions such as preeclampsia or gestational diabetes helps providers plan appropriate care and prevent complications.
  • Fetal heart rate monitoring during labor. Continuous or intermittent monitoring helps detect signs of fetal distress, enabling timely intervention.
  • Infection prevention and screening. Protocols for Group B strep testing, sterile technique, and postpartum infection monitoring reduce the risk of maternal and neonatal infections.
  • Emergency response protocols. Standardized responses for emergencies like shoulder dystocia or uterine rupture ensure rapid, life-saving care.
  • Cesarean section decision-making and timing. Guidelines for when surgical delivery is necessary help avoid delays that could harm the mother or baby.
  • Postpartum monitoring of the mother and newborn. Ongoing assessments identify issues like hemorrhage, infection, or feeding complications in both mother and newborn.

Medical malpractice cases often reveal systemic failures in protocol compliance rather than isolated mistakes. Common violations include:

  • Failure to Monitor During Labor: Delayed or missed interventions due to inadequate fetal or maternal monitoring.
  • Outdated or Poorly Documented Protocols: Staff relying on outdated guidelines or failing to escalate care when needed.
  • Inadequate Staffing or Communication: Understaffed facilities and communication breakdowns can delay critical care.
  • Ignoring Risk Factors: Overlooking documented maternal or fetal risks, such as preeclampsia or fetal distress.

These lapses can result in severe injuries, including:

  • Birth injuries like hypoxic-ischemic encephalopathy (HIE) or cerebral palsy.
  • Maternal injuries, severe hemorrhage, or untreated infections.
  • Stillbirth or neonatal complications.
  • Long-term developmental or neurological harm.

Not every complication during pregnancy or delivery qualifies as medical malpractice. Childbirth carries inherent risks, even when appropriate care is provided. However, liability may arise when preventable injuries occur due to violations of patient care protocols.

To support a malpractice claim, the plaintiff must prove:

  • Breach of Standard of Care: The provider failed to meet the accepted standard of care.
  • Protocol Violations: Established birth-related protocols were ignored or violated.
  • Causation: The failure directly caused preventable harm to the mother or child.

Attorneys evaluating these cases will consider:

  • Whether the provider had written birth-related care protocols
  • Whether those protocols aligned with accepted obstetric and neonatal standards
  • Whether protocols were followed during pregnancy, labor, delivery, or postpartum care
  • If the lapse directly caused preventable harm
  • If a reasonably careful perinatal provider would have acted differently

Expert testimony is often critical in these cases to establish the standard of care and demonstrate how the provider’s actions deviated from it.

To learn more about the evidence needed for a malpractice claim, check out our guide on how to file a medical malpractice lawsuit in Florida.

Have a Question?

Birth-related protocol violations can have devastating consequences for mothers and newborns. If you or a loved one has suffered due to a healthcare provider’s negligence, you don’t have to face the challenges alone. With decades of experience, Alan Sackrin is here to guide you through the legal process and fight for the justice and compensation you deserve. Contact Alan online or call (954) 458-8655 for a confidential consultation today.