A recent Lee County jury verdict is a painful reminder of how a single missed finding on a routine prenatal scan can change the entire course of a pregnancy — and a family’s life. As a Florida personal injury firm that handles medical negligence and wrongful death cases, we want to help expectant parents understand what this case means, what rights Florida families have when prenatal care allegedly falls below the standard, and what steps to take if you suspect something similar happened to you.
What Happened
According to reports of the case, a Florida couple filed a medical malpractice lawsuit after the stillbirth of their daughter, alleging that a 20-week anatomy ultrasound was misinterpreted. The sonographer reportedly documented that she could not fully visualize the baby’s face, nose, and lips. The interpreting radiologist, however, is alleged to have reported no facial or oral abnormalities. The parents argued that had the severe facial malformation been detected at that stage, the mother’s care would have been transferred from a midwife to an obstetrician under the applicable standard of care. The mother later developed preeclampsia at 38 weeks and delivered the baby stillborn. After delivery, physicians reportedly identified a severe cleft deformity that had not been diagnosed during the anatomy scan. After a week-long trial, jurors returned a $2 million verdict in favor of the parents. The defense reportedly attempted to place responsibility on the midwife during trial.
Who May Be Liable
In cases involving allegedly missed prenatal findings, several categories of defendants may be liable, depending on the facts:
- The interpreting radiologist, who may be liable for allegedly reporting normal anatomy when key structures could not be visualized.
- The radiology group or imaging center, which could be vicariously liable for the alleged negligence of its physicians, sonographers, and staff, and directly liable for allegedly deficient protocols.
- The sonographer, if the technical portion of the study allegedly fell below professional standards.
- The obstetric provider, midwife, or midwifery practice, if follow-up care, risk stratification, or referral decisions allegedly deviated from the standard of care.
- The hospital or birthing facility, if institutional policies or credentialing decisions allegedly contributed to the outcome.
Each defendant’s role has to be examined carefully. In Florida, prenatal care often involves multiple providers across multiple entities, and identifying every party who may share responsibility is one of the most important early steps in a case.
Legal Theories That May Apply
Several overlapping legal theories may apply to a case like this:
- Medical negligence (malpractice). A claim that a healthcare provider failed to meet the accepted standard of care and that this failure caused harm.
- Wrongful death. Under Florida’s Wrongful Death Act, surviving family members may bring a claim when a death is caused by the alleged negligence of another. Florida law has specific rules about who can recover for the loss of an unborn or newborn child, which is why early legal advice matters.
- Vicarious liability. A radiology group, hospital, or medical practice may be liable for the acts of physicians, sonographers, or midwives it employs or controls.
- Negligent hiring, training, or supervision. A facility may be liable if it allegedly failed to ensure that staff were qualified or properly overseen.
- Loss of parental consortium and emotional distress claims, where recognized and supported by the facts.
Damages Victims May Recover
When an alleged prenatal misdiagnosis leads to a stillbirth or catastrophic injury, Florida families may be entitled to recover:
- Medical expenses for the mother’s prenatal, delivery, and post-delivery care, including psychological treatment.
- Lost wages and lost earning capacity for time missed from work due to grief, complications, or ongoing treatment.
- Mental pain and suffering of the surviving parents, which under Florida’s Wrongful Death Act may be recoverable by parents of a deceased minor child.
- Funeral and burial expenses.
- Loss of companionship and guidance, where applicable.
- Punitive damages in rare cases where the conduct is alleged to have been intentional or grossly negligent. Florida law places statutory caps and procedural hurdles on punitive damages, so these must be evaluated case by case.
Every family’s damages picture is different. A $2 million verdict in one case does not predict what any other case might be worth — outcomes depend on the evidence, the jurisdiction, and the specific losses proven.
Evidence That Strengthens a Case
Proving an obstetric or radiology malpractice claim requires methodical evidence gathering. Cases like this typically turn on:
- The complete imaging file — not just the report, but the raw ultrasound images, sonographer worksheets, and any saved clips.
- The radiology report and any addenda, including timestamps and revisions.
- The full prenatal record, including midwife or OB notes, risk assessments, and referral decisions.
- Hospital and delivery records, including fetal monitoring strips.
- Autopsy and pathology findings, which can confirm the nature and severity of any congenital condition.
- Internal protocols of the imaging center or practice regarding incomplete studies and follow-up imaging.
- Expert testimony from board-certified radiologists, maternal-fetal medicine specialists, obstetricians, and midwifery experts to establish the standard of care and causation.
- Communications between providers, including whether the incomplete visualization was ever flagged for follow-up.
What to Do Next
If you believe your family suffered a stillbirth, birth injury, or other harm because of alleged prenatal negligence, a few conservative steps can protect your rights:
- Request complete medical records — imaging, reports, prenatal charts, and delivery records — from every provider and facility involved.
- Write down what you remember while it is fresh: dates, appointments, what providers said, and how you felt.
- Preserve any physical items or communications, including patient portal messages, text messages, and voicemails.
- Do not give recorded statements to any insurer, risk manager, or hospital representative without first speaking to an attorney.
- Be mindful of deadlines. Florida has strict time limits for medical malpractice and wrongful death claims, and there are pre-suit notice and expert affidavit requirements that must be met before a lawsuit can be filed. Waiting too long can end a claim before it begins.
If you or a loved one has experienced a stillbirth, birth injury, or catastrophic harm that may be tied to a missed diagnosis or substandard prenatal care, Dean Law Firm LLC is here to listen. Call (352) 820-6323 for a free Florida case evaluation — no fees unless we win. You can also learn more at https://deanfirm.com.
Frequently Asked Questions
Can I sue in Florida if a missed ultrasound finding contributed to my baby’s stillbirth?
You may have a medical malpractice and wrongful death claim if a provider allegedly failed to meet the standard of care in reading or following up on prenatal imaging. Every case turns on its own facts, expert review, and whether the alleged negligence caused the outcome. A Florida attorney can evaluate the records and imaging to advise you.
How long do I have to file a medical malpractice claim in Florida?
Florida generally requires medical malpractice claims to be filed within two years from when the injury was discovered or should have been discovered, with an overall outer limit set by statute. There are also mandatory pre-suit notice and expert affidavit steps before a lawsuit can be filed. Because these deadlines are unforgiving, it is important to speak with a lawyer as early as possible.
What if more than one provider — like a radiologist and a midwife — may be responsible?
Multiple providers can share responsibility in a prenatal care case. Florida law allows a jury to allocate fault among defendants, and an experienced attorney will investigate every provider and entity whose alleged negligence may have contributed to the harm. Identifying all potentially liable parties early helps preserve the strongest possible claim.
Can parents recover for emotional pain and suffering after a stillbirth in Florida?
Under Florida’s Wrongful Death Act, parents of a deceased minor child may be able to recover for mental pain and suffering, in addition to other losses. The rules can be technical, particularly regarding losses tied to pregnancy and stillbirth, so an attorney should review the specific facts. These claims often require careful presentation of both medical and personal evidence.
What kind of expert do I need for a prenatal ultrasound malpractice case?
These cases typically require testimony from a board-certified radiologist and often a maternal-fetal medicine specialist or obstetrician to explain the standard of care and causation. Depending on the facts, a midwifery expert or sonography expert may also be needed. Florida law requires a qualified medical expert to sign a written opinion before a malpractice suit can be filed.
Do I have to pay anything up front to hire a medical malpractice lawyer?
Most Florida medical malpractice attorneys, including Dean Law Firm LLC, handle these cases on a contingency basis, meaning you pay no attorney’s fees unless we recover for you. Costs of investigation and expert review are typically advanced by the firm. A free consultation lets you learn where you stand with no financial risk.
What if the hospital or clinic is asking me to sign paperwork or give a statement?
Be very cautious. Statements you make to risk managers, insurers, or their representatives can be used later to minimize your claim. It is generally best to speak with a lawyer before signing releases, authorizations, or giving recorded statements about what happened.
Original reporting: westorlandonews.com.
