As a parent, nothing is more painful or more devastating than watching your child suffer – especially when you know that your child’s injury could have been prevented. If your baby suffered an injury while receiving neonatal therapeutic hypothermia treatments, you may have cause to sue to the doctor who performed the procedure, the hospital where the procedure was performed, or other parties whose actions contributed to your baby’s injury. Serving families throughout the Miami metropolitan area, Miami birth injury lawyer Prosper Shaked is here to fight for justice for your child.
Prosper Shaked has extensive experience handling complex birth injury lawsuits in Florida. Having conducted dozens of trials, Prosper is a skilled and aggressive litigator who knows how to build your case and maximize your recovery. For a free consultation about your family’s legal options after a birth injury in Miami, contact us online today, or call Prosper Shaked Accident Injury Attorneys PA at (305) 694-2676. We are here 24/7 to help you find answers.
What is Neonatal Therapeutic Hypothermia?
Neonatal therapeutic hypothermia is a cutting-edge medical technology used to minimize the risk or severity of damage to brain tissue in newborn infants. For example, neonatal therapeutic hypothermia is often used in the treatment of neonatal encephalopathy (NE or neonatal hypoxic-ischemic encephalopathy), a potentially fatal condition that can cause seizures, breathing problems, slowed reflexes, developmental delays, and other issues with proper development.
Hypothermia is the state of having an abnormally low body temperature, classified as anything below 95 degrees Fahrenheit. Neonatal therapeutic hypothermia treatments work by using cold blankets to lower the baby’s body temperature in a controlled fashion, with the goal of reducing swelling and inflammation in the brain. When applied correctly, this type of treatment can make it easier and safer for the baby to heal, minimizing the risk of long-term damage.
Can I Sue My Doctor or Hospital for Neonatal Therapeutic Hypothermia Birth Injuries?
The answer to this question depends on whether your baby’s injuries were caused by negligence. Negligence is the failure to meet a reasonable standard of care, considering what would be expected by a reasonable person under the circumstances. When a doctor’s negligence leads to the injury of a patient, there may be cause to file a medical malpractice lawsuit. This is different from a situation where a patient has a poor outcome despite being treated properly.
To prevail in any type of personal injury lawsuit, including a medical malpractice or birth injury lawsuit, the “plaintiff” (party filing the lawsuit) must generally present evidence showing how negligence led to avoidable injuries. For instance, it is critical to support the claim with detailed medical records and expert medical opinions that show how your doctor’s actions or inaction led to your child’s injuries. Examples of ways a doctor can be negligent when administering neonatal therapeutic hypothermia treatment include:
- Delaying or failing to order follow-up tests and treatment
- Failing to recommend or perform the treatment despite benefits outweighing potential risks
- Failing to start the treatment at the proper time, and/or failing to continue the treatment for the right amount of time
- Misdiagnosing your baby’s injury or medical condition
- Misreading lab test results or medical scans
Compensation for Medical Malpractice in Florida
Medical malpractice is a highly complex facet of personal injury law. It is vital to compile evidence and calculate “damages” (losses) with precision, clarity, and detail – particularly for injuries that occur early in life while the brain and body are still developing. Prosper Shaked will fight for every dollar that your family is owed if your child was harmed by a careless doctor.
Various damages may be available in a Miami birth injury lawsuit. Your family may be able to recover compensation for:
- Anticipated costs of lifetime or long-term care and rehabilitation
- Diminished future earning capacity (reduced ability to earn income in the future due to the injuries)
- Medical bills, such as hospitalization, medication, and surgery
- Pain and suffering
Until recently, Florida limited certain types of medical malpractice damages, known as “non-economic damages” (compensation for pain and suffering). These limits prevented injury victims from receiving compensation above certain amounts for noneconomic damages. However, the Florida Supreme Court found these caps to be unconstitutional in 2017, which means there are no longer limits on noneconomic damages in neonatal therapeutic hypothermia claims.
Miami Birth Injury Lawyer Handling Neonatal Therapeutic Hypothermia Lawsuits
Nothing can undo the pain of watching your child go through so much. But you can fight to hold the responsible doctors accountable, seeking justice for your family. You may be entitled to financial compensation, helping to ensure that your child receives quality treatment and care. Prosper Shaked will fight tirelessly to recover the compensation your family deserves. For a free legal consultation, contact Prosper Shaked Accident Injury Attorneys PA at (305) 694-2676, or contact us online today.