Medical Errors in Children - Miami Medical Malpractice Lawyer: Sean M. Cleary

When you suspect your child was the victim of medical malpractice, talk to an experienced medical malpractice attorney free of charge and see if you have a case.

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We work with experts in the medical, life care planning and other fields, who help assess damages in child injury malpractice cases, to seek full compensation.

Sean M. Cleary

What our clients say about their cases

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Michael B.- Google Review

I couldn't be happier with the legal representation and work Sean gave to the organization I represent. He was a thoughtful, professional partner in an extremely difficult situation that at times seemed hopeless but reached a successful end with all parties agreeable with the outcome. A very difficult navigation that Sean was able to help lead us through. We are thankful for his help, and I highly recommend Sean when looking for legal services.

Michael B.

Google Review

Robert L. - Google Review

My wife and I were referred to Sean Cleary by another Attorney. He was very highly recommended and, I must say, very deservedly so. Sean is very diligent in his work; his preparation is phenomenal and his presentations are something to behold. He is very accessible if you have any questions. He always takes the time to fully explain in language you can understand. We highly recommend anyone needing to Sean Cleary.

Robert L.

Google Review

Mary O. - Google Review

Sean Cleary represented my husband and I in a very difficult medical malpractice case. Mr. Cleary was always was courteous, diligent and professional. He was straightforward and upfront about the challenges we faced but never relented in his pursuit of justice on our behalf, up through and beyond a contentious 6-day jury trial. We would recommend him without hesitation.

Mary O.

Google Review

Leopoldo G. - Google Review

Sean is an outstanding professional, transparent and very diligent; he personally dedicated time and attention to my case; he always responded my calls promptly, keeping me informed all the time. His knowledge and advises are very accurate and valuable. Definitely, great lawyer.

Leopoldo G.

Google Review

Julie F. - Google Review

I would highly recommend Sean Cleary. Not only is he a very knowledgeable attorney he takes the time to explain the law to ensure you understand every aspect of your case. He is also very sensitive to the needs of you and or your family during very trying times.

Julie F.

Google Review

Sandra P. - Google Review

From day one, Mr. Cleary had faith in my case. He paid attention to every detail with great professionalism. He did not shy away from any challenges and went the extra mile to provide what he promised.

Sandra P.

Google Review

Digna F. - Google Review

Highly recommended. Sean is smart, conscientious, detail-oriented and extremely knowledgeable in his field. Always gets excellent results for his clients.

Digna F.

Google Review

Nicolas E. - Google Review

Sean represented my wife and I and our three-year-old daughter in a case involving medical malpractice after she was born at a Miami hospital. The case was settled confidentially, providing for the future care and treatment of our daughter, and we were very satisfied with the result.

Nicolas E.

Google Review

3-Year-Old Loses Entire Small Intestine

Mr. Cleary represented my family in a case involving medical malpractice affecting my 3 year old daughter. Sean is an extremely knowledgeable attorney. He is agile, doesn't save efforts, goes beyond the initial objectives proposed to support us. He always stands by moral values. If he accepts to represent you, you are lucky.

Nicholas E.

Client Testimonial

Richard S. - Google Review

Sean represented my family after my wife died from an infection following surgery at Mt. Sinai Hospital in Miami Beach. Sean was not just an aggressive litigator but also a trusted advisor whose wisdom and experience with the medical malpractice system helped us achieve a phenomenal result that honored the memory of my deceased wife and assured the financial future for my children. I very much doubt that any other lawyer in the community would have worked so hard, spent so much time, and fought so many battles on our behalf. For complex medical malpractice cases that require serious brainpower and technical know-how, there is no better lawyer in Florida than Sean Cleary.

Richard S.

Google Review
Medical Errors in Children

Medical errors, though also common in adults, can have serious consequences in children. A study in the journal Pediatrics found that problems due to medications occurred in 11% of children who were in the hospital and that 22% of them were preventable. Every eight minutes a child is injured by a medication error. Children are also the victims of diagnostic errors, incorrect procedures or tests, infections and injuries. Out of the total number of medical errors occurring in children, 50% are preventable. Medical mistakes are a more significant threat for children than for adults because children are physically small, and their kidneys, liver and immune system are still developing.


Sean M. Cleary has handled a surgery medical malpractice case on behalf of an infant and her family. As soon as she was born, the infant required minor surgery on her intestines but the doctor failed to take urgent action. Due to a negligent 10-day delay of the surgery, the girl ended up losing her entire small intestine, and today she has to be fed through ports in her body and requires a small intestine and liver transplant.

We represent cases involving failure to timely diagnose a child with developmental dysplasia of the hip (DDH); these are complex cases typically requiring the input of a variety of experts. There is a limited opportunity to treat DDH with an effective treatment that almost always corrects it without surgery. Unfortunately, after a toddler is four months old, the non-invasive approach is no longer a choice. DDH can still be corrected at this stage, however, surgery is required. If the doctor does not diagnose correctly developmental dysplasia of the hip immediately after birth or during a well-baby exam, this will have catastrophic effects, resulting in avascular necrosis and the need for repeated hip replacements. We can help by rigorously checking whether all tests were correctly carried out to assess the health of the baby’s hips.

Sean Cleary and the team at The Law Offices of Sean M. Cleary obtained a settlement on behalf of a baby whom, at approximately 3 months of age, was neglected by her medical staff and went into septic shock. Following sepsis, she developed mild hemiparesis and developmental regression. She had 3 hypotensive cardiac arrests, multiple cerebral infarctions, renal failure, right femoral vein thrombosis, and bilateral pneumothoraces and today requires 24-hour supervision and attendant care. Sadly, there are too many cases relating a failure to diagnose sepsis in children. Undiagnosed sepsis can have catastrophic consequences, including the development of widespread septicemia and meningitis. To avoid permanent injuries, it is imperative that these types of infections are diagnosed and treated early.

Thankfully, childhood cancers are rare, however, this can make them more difficult to diagnose and often clinicians don't take into account the possibility of cancer in a child or fail to pay attention to the symptoms. Medical negligence in diagnosing pediatric cancer can occur if doctors miss the signs of cancer, ignore what kids tell them about their symptoms, fail to order appropriate tests, misinterpret test results or incorrectly stage the disease. Even where malignancy is suspected, errors in radiology or pathology can result in ambiguous or misleading reports. Our experience working with highly qualified experts can help determine the errors in diagnostic technique or test results interpretation that could have made the crucial difference for a child.

Intussusception is a condition in which a part of the intestine, usually the small intestine, effectively folds in on itself. Often, this leads to a serious blockage preventing fluids and food from passing through the intestine. It also results in a blockage of the blood supply to the intestine. If not treated, this blockage will result in swelling and bleeding of the bowl and the affected area can become necrotic, leading to generalized septicemia and risk of brain damage. We pursue cases where there has been a delay or failure to diagnose the condition. These are usually emergency room cases or mistakes made by pediatricians, often because the doctors are too busy to order an ultrasound or CT scan or fail to perform a test that would have given the proper diagnosis.


What We Do in a Pediatric Medical Error Case

Our Legal Process

Common Children Medical Errors Questions

What Are Children Medical Error Cases? »

As medical errors in the case of children can have dire consequences because of the fragile nature of the patients and their inability to articulate response, children medical errors are treated very severely by the law, as in the case of surgical errors, wrong dosage, misdiagnosis, delayed diagnosis etc.

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How Long Will It Take to Solve My Pediatric Malpractice Case? »

Depending on how complex the case is, your pediatric malpractice case could stretch for anything from six months to five years. Consult a lawyer to become familiar with the statute of limitations and the best options available in your particular case.

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Does a Bad Outcome Mean That My Child Was Harmed by a Medical Professional's Negligence? »

When a bad medical outcome occurs, it does not necessarily mean that malpractice has occurred. Often, a bad medical outcome is caused by an unintended complication. Generally, complications are not considered medical malpractice.

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Why Is It So Hard to Bring a Pediatric Malpractice Claim? »

In Florida, a pediatric malpractice claim can be brought against nearly all persons or entities that provide health care. This includes emergency room doctors, physicians, specialists, nurses, anesthesiologists, optometrists and pharmacists, just to name a few.

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Do Health Care Professionals Know I'm Starting a Medical Malpractice Case? »

It is unlikely that medical professionals know that you are bringing a malpractice claim, though it happens sometimes. Occasionally, some of them may alter or amend medical records.

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