Should you decide to pursue compensation, prompt action is essential because Florida’s time limits and pursuit rules can bar claims that wait too long.
Medication mistakes in neonatal care can cause serious, lasting harm to infants, and parents need clear steps when those errors happen. This article explains the kinds of medication mistakes that qualify as medical malpractice, what to do immediately after a suspected error, and how families can begin a birth injury claim in Miami.
If your child suffered harm after receiving the wrong drug, dose, or route of administration, you may need urgent medical review, careful record collection, and legal help to protect your child’s rights. For trusted representation, speak with a Miami infant medication error attorney at Freidin Brown.
Types of Medication Mistakes That Harm Infants
Infants respond differently to drugs than older children or adults, and small errors can produce large effects because newborns have low body weight, immature liver and kidney function, and developing nervous systems. Neonatal dosing typically requires weight-based calculations, microgram accuracy, and careful dilution when using concentrated preparations. Many medication mistakes arise in busy nurseries, intensive care units, or during handoffs between providers, and each type below can support a malpractice claim if the provider’s conduct fell below the standard of care. If you suspect a mistake, document what happened and request complete medical records from the treating facility.
- Wrong dose because of weight miscalculation, decimal point errors, or misplaced zeros, causing overdose or sub-therapeutic dosing.
- Wrong medication given due to look-alike packaging, similar names, or pharmacy dispensing errors.
- Incorrect concentration or compounding mistakes when staff prepare neonatal infusions, including parenteral nutrition errors.
- Wrong route of administration, such as IV instead of oral, which can dramatically increase drug absorption.
- Failure to adjust dosing for prematurity, age, or renal immaturity, leading to accumulation and toxicity.
- Failure to monitor drug levels or vital signs after administration, delaying detection of adverse reactions.
- Contamination or breach of sterility during preparation, increasing infection or sepsis risk.
How to File a Birth Injury Lawsuit After a Medication Error
Filing a birth injury lawsuit after a medication error starts with medical validation that the error caused harm, followed by careful legal steps that respect Florida law and court rules. In Florida, malpractice claims require a pre-suit investigation, notice to prospective defendants, and timely filing under strict deadlines, so acting quickly matters. Parents should expect an initial investigation by their medical team and the hospital, and they should also obtain an independent medical review to document causation and long-term impact. Below are the common legal steps families follow when pursuing compensation for a medication-caused birth injury.
- Get immediate medical care and expert review to stabilize the infant, and ask the treating facility for complete medical records and medication administration logs.
- Arrange for a pediatric or neonatal specialist to review records and produce an opinion tying the medication event to the injury, which supports liability and damages.
- Begin the Florida pre-suit process by conducting an investigation, obtaining the required medical expert opinion, and sending formal notice to the prospective defendant, which triggers the 90-day review period under state law.
- If the claim does not settle during pre-suit, prepare and file a complaint before the statute of limitations expires; Florida generally allows two years from discovery, but no more than four years from the date of the incident in most cases.
- Proceed through discovery, settlement negotiations, or trial with your legal team, while attending to your child’s ongoing medical and rehabilitation needs.
What Parents Should Do Immediately After a Suspected Medication Error

When you suspect a medication mistake, prioritize your child’s medical safety, then preserve evidence and begin a record trail that helps later review. Ask providers for full medication administration records, pharmacy dispensing logs, nursing notes, and any incident reports the hospital generated. Keep a contemporaneous journal of symptoms, conversations with staff, and appointments, and take photographs of any visible injuries or monitoring equipment readings. Early preservation of records and clear documentation make it easier for medical experts and attorneys to evaluate causation, prognosis, and damages.
Also, consider getting a second medical opinion from an independent specialist who treats neonatal medication injuries, and avoid signing documents that admit fault or limit your rights without first speaking with counsel. Hospitals often conduct internal reviews; you have the right to copies of records and to request clarification in writing. Early legal consultation helps you understand reporting obligations, potential settlement timelines, and how to protect long-term benefits for your child.
Take Action Now
If your infant suffered harm after a drug mistake at a Miami hospital, including care at major centers such as Jackson Memorial Hospital or Nicklaus Children’s Hospital, you do not need to face the process alone. A focused Miami Infant Medication Error Attorney can coordinate medical review, preserve critical evidence, and handle the pre-suit and filing deadlines so you can focus on your child’s care. Should you decide to pursue compensation, prompt action is essential because Florida’s time limits and pursuit rules can bar claims that wait too long. Contact a qualified attorney to review records, explain deadlines, and protect your child’s legal rights.


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