More families today are exploring alternatives to traditional hospital births, including midwife-assisted deliveries and out-of-hospital birth centers. For some, these options offer a more personalized and less clinical experience.
But it’s important to understand that these settings often lack the equipment, staffing, and immediate surgical capabilities available in a hospital if complications arise. When risks are not properly identified or a transfer to a hospital is delayed, the consequences can be devastating for both the mother and her child.
If you or your child has been affected by a preventable birth injury, schedule a free consultation with the experienced Tampa birth injury attorneys at Palmer Lopez. We can help you figure out what went wrong and pursue the compensation your family deserves.
Reports link serious complications and deaths to Miami birth center
A 2019 report from the Herald-Tribune raised concerns about patient safety at the Rosemary Birthing Home in Miami, where a number of serious and potentially preventable birth complications have been reported. The facility has also been linked to at least three deaths, along with several emergency transfers to nearby hospitals.
While complications can arise in any birth setting, questions have been raised about whether certain high-risk conditions were properly identified and whether timely transfers to hospitals were made when necessary.
One recurring issue involves breech pregnancies. These are typically managed in a hospital setting through cesarean delivery (C-section) to reduce the risk of oxygen deprivation, which can lead to cerebral palsy, HIE, and other serious birth injuries.
Out-of-hospital birthing centers do not have the capability to perform C-sections, making early detection and appropriate referral critical. In some reported cases, these precautions were not taken, leading to preventable harm to babies.
In one such case, a newborn delivered by a newly licensed midwife suffered cardiac arrest, respiratory failure, and oxygen deprivation during birth, resulting in severe and irreversible brain damage. The child now depends entirely on medical support for basic survival and requires constant care to prevent complications such as choking.
According to reports, the midwife failed to identify the breech position and did not follow the required prenatal assessment and referral protocols, contributing to the outcome.
Is it safe to give birth outside of a hospital?
For some healthy, low-risk pregnancies, out-of-hospital births can be relatively safe. But the biggest concern is what happens if something unexpected comes up during labor.
Serious issues during the birthing process can happen quickly, and when they do, access to emergency care can make a critical difference in the outcome for the mother and her baby.
Unlike hospitals, birthing centers and home birth settings don’t have operating rooms, surgical teams, or advanced equipment on hand. If complications like heavy bleeding, fetal distress, or a breech delivery arise, the only safe option is to transfer to a hospital.
When that transfer is delayed or the problem isn’t recognized early enough, the risk of serious harm to both mother and baby increases significantly.
Are birthing centers as safe as hospitals?
No, birthing centers are designed for comfort and a more natural experience, but they are not equipped the same way hospitals are. That difference matters most when something goes wrong.
One study published in the New England Journal of Medicine found that babies born in planned out-of-hospital settings were more than twice as likely to die around the time of birth compared to those born in hospitals.
At the same time, the study also found fewer medical interventions, like C-sections, in out-of-hospital births.
What that really means is this: Many out-of-hospital births go as planned, but when complications happen, the lack of immediate medical care can double the risk of death for the baby. That’s why careful screening and quick access to a hospital are so crucial at birthing centers.
Can you sue a birthing center for a birth injury in Florida?
Yes, in some situations. If a birth injury happened because a midwife or birthing center failed to follow basic safety standards, you may have a case. These claims often focus on whether the provider recognized risks, responded appropriately during labor, and acted quickly when something went wrong.
Examples of actions or inactions that may be considered medical negligence include:
Before birth
- Failing to properly screen the mother for high-risk conditions
- Allowing a patient to deliver outside a hospital despite known risk factors
- Not identifying a breech position or other complications late in pregnancy
- Failing to refer the patient to a hospital when required under Florida guidelines
- Inadequate prenatal monitoring or incomplete medical records
During labor and delivery
- Failing to monitor the baby’s heart rate or the mother’s condition
- Missing signs that the baby is in distress
- Delaying a necessary transfer to a hospital, especially when a C-section is necessary
- Attempting to continue a delivery that should have been handled in a hospital
- Improper use of delivery techniques that place the baby at risk
After birth
- Failing to recognize signs of oxygen deprivation or injury in the newborn
- Delaying emergency care for the baby or mother
- Not providing appropriate follow-up care or instructions
- Failing to document complications or communicate concerns to hospital staff after a transfer
These cases often come down to whether the provider met the standard of care, meaning they acted the way a reasonably careful professional with similar education would have under the same circumstances.
Was your child injured at a birthing center in Florida? We can help!
If you or your child suffered an injury or wrongful death during an out-of-hospital birth and you have questions about what happened, the Tampa medical malpractice attorneys at Palmer Lopez can review your situation and help you understand your legal options.
Contact our office today to schedule a free consultation.
References
Le, E. (2019, February 22). Attempted out-of-hospital birth takes tragic turn for new parents. Sarasota Herald-Tribune. https://www.heraldtribune.com/story/news/2019/02/22/attempted-out-of-hospital-birth-takes-tragic-turn-for-new-parents/5881581007/
Snowden, J. M., Tilden, E. L., Snyder, J., Quigley, B., Caughey, A. B., & Cheng, Y. W. (2015). Planned Out-of-Hospital Birth and Birth Outcomes.New England Journal of Medicine, 373(27), 2642–2653. https://doi.org/10.1056/nejmsa1501738
