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Filing a Lawsuit in Florida if Your Baby Needs Occupational Therapy After Birth

on  Medical Malpractice

Babies who have suffered birth injuries, such as brain or shoulder injuries, may benefit from occupational therapy (OT). If you are considering OT for your baby because he or she was injured at birth, you should talk to an experienced Miami personal injury lawyer about your family’s legal options. If your baby was hurt due to hospital errors or medical malpractice in Florida, your family deserves answers – and justice. Contact The Law Office of Prosper Shaked online, or call (305) 694-2676 to set up a free legal consultation with a Miami birth injury attorney today.

What is Occupational Therapy (OT)?

Occupational therapy is a well-established form of therapy used with adults, children, and babies. Similar to physical therapy, OT helps people who have serious illnesses develop the skills necessary for everyday life.

Depending on the client’s individual needs, an occupational therapist might provide a wide range of services. For example, an occupational therapist might help their clients learn how to dress themselves, learn how to manage money, learn how to prepare meals, or learn how to form relationships and engage with other people more successfully.

Like adults and teenagers, babies can also benefit from occupational therapy. For example, OT can help babies improve underdeveloped fine motor skills, such as poor motor control or weak, floppy limbs. Occupational therapy can also benefit babies who have cognitive delays or sensory processing issues, such as babies who are hypersensitive to touch, light, or sound.

Do I Have a Birth Injury Malpractice Lawsuit?

You could have a cause of action, or the basis for filing a lawsuit, if your baby was injured by the negligence of a medical professional. This applies to injuries caused by OB-GYNs, midwives, surgeons, nurses, specialists, and other types of healthcare professionals. It also applies to business entities, such as the clinic or hospital where your child was delivered.

In personal injury lawsuits, including birth injury lawsuits, the “burden of proof” falls on the plaintiff. This means the plaintiff has the responsibility for proving certain facts. Critically, the plaintiff needs to prove that the injuries resulted from improper medical care. In other words, you must prove that your baby’s injuries were caused by negligence in order to receive compensation.

In personal injury law, the term “negligence” describes a failure to meet the basic, established standards of care that would be reasonably expected under the circumstances, leading to the death or injury of another individual. The following section of this article contains examples of ways that medical negligence can cause infant injuries.

How Medical Negligence Causes Birth Injuries

Unfortunately, there are numerous ways in which negligence can lead to preventable birth injuries. A medical error made at any stage of the pregnancy could compromise the health of the baby, the mother, or both. Errors can involve medications, diagnoses, surgical procedures, medical equipment, or other components of patient care. Examples of negligent medical mistakes that can cause birth injuries include:

  • Failing to ensure that the baby is receiving enough oxygen
  • Failing to monitor and respond to the baby’s status properly
  • Failing to properly diagnose and respond to issues with the umbilical cord, such as the umbilical cord wrapped around the baby’s neck
  • Failing to use forceps properly during an assisted childbirth
  • Postponing or failing to perform a medically necessary C-section
  • Making surgical errors during a C-section or other surgical procedures
  • Misreading lab test results or misinterpreting medical scans, such as misinterpreting ultrasounds
  • Prescribing improper medications or dosage amounts
  • Using too much force on the infant’s head or shoulders during delivery

Insurance companies and defendants will typically argue that adequate treatment was provided, claiming the patient simply experienced complications. Hospital logs, medical records, and expert medical opinions are vital for painting a clear picture of what actually happened.

Miami Birth Injury Lawyer Prosper Shaked Can File Your Claim

Occupational therapy can make a profound difference in your child’s quality of life, even after a serious injury. But your child should never have been injured in the first place.

If your baby needs occupational therapy because he or she was injured at birth, you should discuss the situation with a birth injury lawyer as soon as possible. If you wait too long to take action, you may miss important deadlines and lose your ability to file a lawsuit against the people who harmed your child. An experienced birth injury attorney, like Prosper Shaked, can help you fully explore the options that may be available to your family. It may be possible to recover compensation for injury-related medical expenses, loss of future earnings or earning capacity, and other losses your son or daughter has suffered due to negligence.

To arrange a free consultation, contact The Law Office of Prosper Shaked online, or call (305) 694-2676. We are here 24/7 to help answer your questions.