Legal Question in Medical Malpractice in Florida

Sorry for the long post!

Hello, I had to take my 2 months 3 week old son to the ER today where I live. I brought him in for dehydration symptoms and he had very bad congestion and a cough. He was on antibiotics before going to the hospital so that was supposed to help with the cough and congestion and the ear infection that was caused by the congestion.

They gave me some formula (ready made liquid) as I had forgotten our bottles in the car to make my own. I was happy when they pulled out the formula I give him now anyway so it would not be a change.

I put the nipple on the bottle and gave it to my Significant Other and he started to feed him. Each bottle is only 2 oz so I went ahead and was making the other bottle so he could just give it to our son whenever he finished the first. As I was sitting there spinning the bottle in my hand and just reading it and waiting, I spotted the expiration date and took a look at it. It was July 1st 2016! All this happened on September 12th 2016. I was wondering if there is anything legal I could do for this?

The hospital did not even care.

I saw them throwing away a bunch of other bottles after I started fussing at them and was just brushing it off like "Oh he will be fine, I don't know how that could have happened".

My baby has been fussy ever since and not wanting to eat. Is there anything I can do legally against the hospital for the irresponsibility on their part?

By the way, formula typically expires 2 years after being put on the shelf. So how long was that formula sitting there and they just thought it would be fine to give to a infant with an already weakened immune system?

Thank you for your advice!

Asked on 9/12/16, 8:05 pm

2 Answers from Attorneys

Barry Stein De Cardenas, Freixas, Stein & Zachary

There likely is no malpractice claim. even if the formula was bad the problems likely wont last long. take your infant to the pediatrician if you are concerned. I don't think you have any claim worthy of pursuit.

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Answered on 9/13/16, 8:51 am
Tina Willis Tina Willis Law - Orlando

Hello. The hospital was very irresponsible, and I would avoid taking my child or myself there in the future. However, for medical malpractice, the injuries to your child would need to be catastrophic. Med mal cases are far too expensive to pursue for anything less than catastrophic injuries, such as death, paralysis, birth injuries, misdiagnosis of cancer (certain cases only -- namely those where the person likely would have recovered but for the misdiagnosis), blindness, loss of a limb, etc. If your child continues to exhibit symptoms, then you should take him or her to the pediatrician. If your child somehow ultimately suffers catastrophic injuries as a result of the bad medicine, then you should consider contacting a medical malpractice lawyer. Best of luck to you! Tina Willis Law Orlando, Phone: (407) 803-2139, Url:, 390 N. Orange Avenue, Suite 2300G, Orlando, FL 32801

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Answered on 9/13/16, 9:25 am

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