Experienced Obstetrical Error Law Firm in Florida
OB-GYN malpractice cases are among the most complex in medical litigation. They require a thorough understanding of obstetric medicine, gynecologic surgery, and the standard of care expected of specialists in this field. They also require sensitivity because the injuries involved affect some of the most personal aspects of a woman’s life and health.
Freedland Harwin Valori Gander has spent decades representing women and families throughout Florida in obstetrical and gynecological malpractice cases. We understand the medicine, the law, and the profound human impact of these injuries. If you or someone you love was harmed by OB-GYN negligence, we are here to fight for the accountability and compensation you deserve.
Written and edited by our team of expert legal content writers and reviewed and approved by Daniel Harwin
- Content last updated on:
- June 30, 2026
Common Types of OB-GYN Malpractice in Florida
The cases our attorneys most frequently handle in this area include:
Obstetrical Negligence During Labor and Delivery
- Failure to diagnose and manage fetal distress, including misreading fetal heart rate tracings or failing to respond to Category II or III patterns.
- Failure to perform a timely C-section when labor is prolonged, fetal distress is present, or vaginal delivery poses an unacceptable risk.
- Mismanagement of shoulder dystocia, leading to brachial plexus injuries or fetal oxygen deprivation.
- Improper use of forceps or vacuum extractors, causing skull fractures, intracranial hemorrhage, or facial nerve damage.
- Oxytocin mismanagement, including excessive dosing that causes uterine hyperstimulation and fetal oxygen deprivation.
- Failure to manage postpartum hemorrhage, one of the leading causes of maternal death during childbirth.
Prenatal Care Failures
- Failure to screen for gestational diabetes, preeclampsia, or Group B Streptococcus.
- Failure to diagnose or manage placenta previa or placental abruption.
- Failure to provide genetic counseling or offer appropriate testing in high-risk pregnancies.
- Failure to monitor fetal growth and detect intrauterine growth restriction (IUGR).
- Failure to recognize and manage a high-risk pregnancy with appropriate specialist involvement.
Gynecologic Surgical Errors
- Ureteral, bladder, or bowel injuries during hysterectomy, myomectomy, or laparoscopic procedures.
- Failure to diagnose or manage post-operative complications, including hemorrhage, infection, or organ perforation.
- Performing unnecessary surgical procedures without adequate indication or informed consent.
- Mesh-related complications from pelvic floor repair surgeries involving defective or improperly placed materials.
Failure to Diagnose Gynecologic Cancers
- Failure to diagnose cervical cancer, including missed or misread Pap smear results or failure to follow up on abnormal findings.
- Failure to diagnose ovarian cancer, which is often detected at a late stage because of vague symptoms. A physician who misses a palpable mass or fails to order appropriate imaging may bear responsibility.
- Failure to diagnose endometrial (uterine) cancer, particularly when a patient’s abnormal bleeding is dismissed without adequate evaluation.
- Failure to diagnose vulvar or vaginal cancer after a patient reports persistent symptoms.
Medical errors cause unimaginable harm. Let FHV Legal help you pursue justice. Call today for a free case review.
Maternal Injuries and Wrongful Death in OB-GYN Cases
While much attention in obstetrical malpractice focuses on injuries to babies, mothers are also seriously harmed by OB-GYN negligence. The United States has one of the highest maternal mortality rates among developed nations, and a significant portion of maternal deaths are preventable. Florida hospitals are not immune to this crisis.
Maternal injuries and deaths our attorneys have investigated include:
- Postpartum hemorrhage from unrecognized uterine atony, retained placenta, or surgical complications.
- Eclampsia and severe preeclampsia that progressed because warning signs were not acted upon.
- Uterine rupture during labor, particularly in patients with a prior C-section scar.
- Amniotic fluid embolism, which, while rare, can be managed more effectively with prompt recognition and intervention.
- Sepsis from untreated intrauterine infection, such as chorioamnionitis, or post-surgical infection.
When an OB-GYN’s negligence costs a mother her life, surviving family members, including a spouse, children, and parents, may bring a wrongful death claim under Florida’s Wrongful Death Act. These cases are among the most emotionally powerful and legally significant that FHV Legal handles.
Florida OB-GYN Malpractice and the NICA Program
Florida operates a unique compensation program for certain birth-related neurological injuries: the Florida Birth-Related Neurological Injury Compensation Association (NICA). NICA is a no-fault system that covers qualifying neurological injuries sustained during delivery, but it does not cover all OB-GYN malpractice claims. Whether NICA applies can significantly affect a family’s legal options.
Importantly, NICA does not cover maternal injuries, gynecological negligence, prenatal care failures, or stillbirth. Even for birth injuries, not all cases qualify for NICA. Cases involving intentional misconduct or gross negligence may be excluded. Our attorneys are deeply familiar with NICA’s scope and limitations and can advise your family on whether your case falls within or outside its coverage..
Florida Law, Statute of Limitations, and Pre-Suit Requirements
OB-GYN malpractice claims in Florida are governed by Chapter 766 of the Florida Statutes. The general statute of limitations is two years from when the patient knew or should have known that negligence caused the harm, with an absolute outer limit of four years in most cases. For birth injury claims involving minor children, there may be extended deadlines, but these rules are nuanced and have evolved through recent legislative and judicial changes.
Before a lawsuit can be filed, Florida requires completion of a pre-suit investigation, including obtaining a corroborating expert opinion and serving notice on the defendant. The defendant then has 90 days to respond. FHV Legal handles every step of this process on behalf of our clients, allowing you to focus on your family while we build your case.
We handle OB-GYN malpractice cases throughout Florida, with particular depth in Miami-Dade, Broward, and Palm Beach counties. We litigate in the Miami-Dade Circuit Court, Broward County Courthouse, Palm Beach County Courthouse, and courts statewide. We are proud to serve families in Miami, Fort Lauderdale, Weston, Boca Raton, Coral Gables, Pembroke Pines, and communities across Florida.
Frequently Asked Questions About OB-GYN Malpractice
How do I know if my OB-GYN was negligent?
Signs that may indicate OB-GYN negligence include: your baby was born with a birth injury such as cerebral palsy or Erb’s Palsy; you experienced a stillbirth that you were told was unexplained; a cancer diagnosis was delayed after abnormal Pap smear or imaging results; you suffered serious surgical complications following a gynecologic procedure; or you or your baby required emergency intervention that could have been avoided with earlier action. FHV Legal offers a free, confidential case evaluation to help you understand your options.
Can I file an OB-GYN malpractice claim if I had a C-section that I didn't want?
It depends on the circumstances. An unnecessary C-section performed without an adequate medical indication or without informed consent may support a malpractice claim, particularly if you suffered complications from the surgery. Conversely, a failure to perform a C-section when one was medically necessary may also be actionable. Our attorneys evaluate both types of claims and will give you an honest assessment of whether the surgical decision-making in your case met the applicable standard of care.
Does NICA affect my ability to sue for my child's birth injury?
NICA may affect your legal options, but it does not eliminate them in all cases. Whether NICA applies depends on the nature of the injury, the circumstances of delivery, and whether the delivering physician participated in the NICA program. NICA does not cover all birth injuries, and cases involving gross negligence may be excluded. Our attorneys will evaluate whether NICA applies to your situation and advise you on the best path forward.
What is the statute of limitations for an OB-GYN malpractice claim in Florida?
Generally, you have two years from the date you knew or reasonably should have known that negligence caused the harm to file an OB-GYN malpractice claim, with an absolute outer limit of four years in most cases. For birth injuries involving a minor child, extended deadlines may apply under certain circumstances, but these rules are nuanced and have been affected by recent legislative changes. Do not assume you have unlimited time. Consult with an attorney as soon as possible to protect your rights.
Does FHV Legal handle OB-GYN malpractice cases throughout Florida?
Yes. Freedland Harwin Valori Gander handles obstetrical and gynecological malpractice cases statewide. Our offices are in Fort Lauderdale and Coral Gables, and we represent clients from Miami, Weston, Boca Raton, Pembroke Pines, West Palm Beach, and communities throughout Florida. We bring decades of experience and genuine compassion to every OB-GYN malpractice case we accept, wherever in Florida it arises.
Contact Our OB-GYN Negligence Attorneys for a Free Case Evaluation
If you suspect that you or your child has suffered harm from OB-GYN malpractice, you can rely on Freedland Harwin Valori Gander’s commitment to justice and compassionate representation.
We encourage you to report your concerns to the Florida Department of Health and contact us for a free consultation. Our OB-GYN malpractice lawyers work on a contingency basis, meaning there are no out-of-pocket costs for you to pursue your case.
Let us put our 20+ years of experience to work for you. Call (954) 280-8593 or fill out our form online for a free consultation anytime, anywhere.
free consultation anytime, anywhere.
ALL FIELDS REQUIRED
- ANESTHESIA & PACU ERRORS
- BIRTH TRAUMA
- EMERGENCY ROOM MISTAKES
- FAILURE TO DIAGNOSE OR MISDIAGNOSIS – CANCER
- FAILURE OR DELAY IN DIAGNOSIS OF SEPSIS
- FAILURE TO DIAGNOSE AND TREAT GESTATIONAL DIABETES
- FAILURE TO DIAGNOSE BREAST CANCER
- FAILURE TO DIAGNOSE HEART ATTACK
- FAILURE TO DIAGNOSE OR TREAT AORTIC DISSECTION
- FAILURE TO DIAGNOSE PNEUMONIA
- FAILURE TO DIAGNOSE PULMONARY EMBOLISM
- FAILURE TO TREAT STROKE
- HOSPITAL MALPRACTICE
- INTRAVENOUS INFILTRATION
- MEDICATION ERRORS
- MEDICATION OVERDOSE
- MISDIAGNOSIS
- NEGLIGENT FETAL MONITORING
- OB/GYN ERRORS
- PLASTIC SURGERY ERRORS
- PREOPERATIVE CLEARANCE ERROR
- RADIOLOGY ERRORS
- SPINE SURGERY MISTAKES
- STILLBIRTH & MISCARRIAGE MALPRACTICE
- SURGERY CENTER ERRORS
- SURGICAL ERRORS
- TYPES OF MEDICAL MALPRACTICE LAWSUITS
CASE RESULTS
TESTIMONIALS
999 Ponce De Leon Blvd
Suite 1030
Coral Gables, FL 33134
