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Jul
2019

Filing a Lawsuit in Florida if Your Baby Needs Medication for Birth Injuries

on  Medical Malpractice

If your baby was injured at any stage of your pregnancy, a careless doctor or hospital may be at fault. If your baby’s injuries were caused by the negligent actions of a healthcare provider, such as an OB-GYN, nurse, or clinic, your family could be entitled to financial compensation. For example, compensation may be available to help cover the cost of your baby’s medical treatment, such as medication required due to a birth injury. If your baby needs medication because he or she was harmed by a negligent doctor, you should talk to an experienced birth injury attorney about your family’s legal options. Read on to learn more about filing a birth injury lawsuit in Florida, and how a personal injury lawyer in Miami can help.

Types of Medications Prescribed for Birth Injuries

Your doctor may prescribe various medications for your infant if he or she suffered a birth injury. The medication and dosage will depend on the nature and severity of the injury, since different families of drugs target different areas of the body. Types of medications that might be prescribed to help treat your baby for birth injuries include anticonvulsants, anticholinergics, and medications that treat brachial plexus injuries (BPI). Birth injury lawyer Prosper Shaked discusses these medications in greater detail below.

What Are Anticholinergics?

Anticholinergics are medications designed to bring muscle spasms and tremors under control. Infants with cerebral palsy may experience spasms and tremors, which can also cause stiff, aching muscles. Anticholinergics provide relief by interacting with specific neurotransmitters, or chemical messengers. Examples of medications in this family include benztropine mesylate (Cogentin) and glycopyrrolate (also known as glycopyrronium bromide).

What Are Anticonvulsants?

Anticonvulsants are medications that help to manage seizures. Like anticholinergics, anticonvulsants can be beneficial for infants with cerebral palsy. Examples of anticonvulsant medications include oxcarbazepine (such as Trileptal or Oxtellar XR), zonisamide (Zonegran), and gabapentin (such as Neuraptine or Gralise).

What Are BPI Medications?

Brachial plexus injuries (BPI) are injuries that affect feeling and motion in the upper shoulders and arms. Numbness may extend all the way down to the forearm, hand, and fingers. Injuries of this nature frequently occur when physicians exert too much force and pressure on the infant’s shoulder area during delivery, with a higher risk of BPI for larger babies.

While there are currently no medications designed to specifically target BPI, there are numerous pain medications to help control post-operative discomfort in cases where surgical intervention is necessary. Though mild cases of BPI may resolve on their own, more serious cases may require surgery to repair. If your baby sustained brachial plexus injuries or other arm and shoulder injuries during delivery, you should speak to a Miami BPI birth injury lawyer as soon as possible.

Can I Sue if My Baby Needs Medication for Birth Injuries in Florida?

The answer to this question depends on several factors, which is one of the reasons it is so important to have an in-depth consultation with an attorney if you believe you could have a claim. At Prosper Shaked Accident Injury Attorneys PA, we offer a free initial legal consultation, enabling you to get a clearer sense of your family’s possible legal options. You may have a lawsuit against your OB-GYN, the hospital where your baby was born, or other negligent parties, depending on factors such as the following:

  • How and why did your baby’s injuries occur? In a medical malpractice or birth injury lawsuit, the injury victim must prove that their doctor was somehow negligent, or careless. In other words, the plaintiff must use medical evidence to show that the defendant failed to perform his or her duties properly.
  • When did the injuries occur? There is a statute of limitations which prevents plaintiffs from filing a lawsuit after a certain number of years have passed. However, it is in your best interests to file your case as soon as possible. Not only may doing so enable you to recover compensation sooner, it will also help to ensure that evidence and eyewitness memories remain fresh.

Miami Birth Injury Attorney Prosper Shaked Can Fight for Your Family

At Prosper Shaked Accident Injury Attorneys PA, we understand how devastating it is to watch your baby endure an injury – especially when you know that the injury should have been preventable. We are prepared to fight tirelessly on your family’s behalf, working aggressively around the clock to maximize your recovery and hold the at-fault parties accountable for their negligence.

If your baby’s injuries were caused by a doctor’s carelessness, Prosper Shaked Accident Injury Attorneys PA can help you fight for justice. Serving the Miami area, we may be able to recover compensation for your child’s medication, surgical procedures, physical therapy and rehabilitation, hospitalization, and other medical costs arising from birth injury malpractice. To speak confidentially with a birth injury attorney, call our law offices at (305) 694-2676 for a free consultation, or contact us online today.