We have a tendency to forget that doctors are human beings, who are not infallible, no matter how many years of medical experience they have. As a result, it’s possible for doctors to make mistakes when it comes to how they diagnose or treat a patient. However, there is a standard of care that’s required of all physicians, including those that specialize in the treatment of children.
Sadly, there are situations of a pediatrician being negligent to the point where they violate the standards of acceptable medical treatment. Under the law, this is an act of medical malpractice, which can take form in the following ways:
- Wrong diagnosis or failing to diagnose
- Failing to recognize symptoms of an illness
- Prescribing or administering the wrong medication or improper dosage
- Ignoring or misreading laboratory results
- Failing to order medical tests
- Unnecessary surgical procedures
- Operating on the wrong site and other surgical errors
- Inadequate or incorrect post-surgical care
- Discharging a patient too early
- Not taking a patient’s medical history into account
Cases of children’s medical malpractice are especially tragic, considering that the patients have no control over what is done to them by a medical professional. The people entrusted with the care of children must be held accountable when they fail to exercise reasonable care for the sake of preventing an injury. If your child has been harmed by a doctor that deviated from the medical standard of care, our law firm is here to help. Please contact us and learn about your rights and legal options from a pediatrician medical malpractice lawyer.
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What is Medical Malpractice?
According to the American Board of Professional Liability Attorneys (ABPLA), medical malpractice refers to the act of causing injury to a patient through an act of neglect or omission. Under the law, medical malpractice is defined by the following characteristics:
- Violating the Standard of Care
Under the law, there are certain standards that define professional and ethical treatment of patients by clinicians. This is referred to as the standard of care, which any patient has the right to expect from a doctor, nurse, surgeon, and other medical professionals. If it’s proven that a pediatrician failed to meet the standard of care, that would be the first step in establishing a case of medical malpractice.
- Injury Caused by Negligence
As we’ve mentioned before, violating the standard of care is one of the hallmarks of malpractice by a treating physician. But the patient (or their family members) must also establish that the injury was a direct result of negligence by the doctor. Essentially, you would have to ask, were there other conditions that could have caused the same level of harm and suffering? If bodily harm to the child could have occurred even if the doctor had not been negligent, you are unlikely to have a case for medical malpractice.
- Cause of Injury Resulting in Significant Damage
Frankly, there are many situations where some level of injury is inflicted on the patient, and this can happen even when doctors take all the necessary precautions. If the damage to your child is relatively minor, you are unlikely to succeed in a claim for medical malpractice. Generally, you would have to show that your child suffered a permanent, debilitating condition or passed away as a result of their injuries. As a result, you have significant medical bills, loss of income, financial hardship, etc., which merits a lawsuit against the doctor and any other liable entities.
Medical Malpractice in Cases Involving Children
With pediatric patients, there are specific conditions that can have fatal consequences. That’s why pediatricians must be vigilant for any signs that indicate illnesses, like cancer and meningitis.
These conditions can be very difficult to live with, but they are treatable as long as there is a proper diagnosis. Unfortunately, careless or distracted doctors may fail to detect symptoms of cancer, make a wrong diagnosis, or discharge a cancer patient that’s in need of hospitalization. Negligence by a pediatrician can also lead to misdiagnose of bacterial meningitis, which refers to an infection of the fluid in your brain and spinal cord. Without prompt treatment, meningitis will cause paralysis, brain damage, or death.
As you can imagine, these cases require expert testimony from medical boards and doctors with many years of expertise in certain medical conditions and procedures. Our law firm works hand in hand with some of the best medical malpractice experts in the country. With their help, along with other forms of evidence, we can build a strong and solid case to show that your child was a victim of pediatric malpractice.
Monetary Damages in a Pediatrician Malpractice Case
An act of medical malpractice can result in significant monetary losses to the patient, as well as their loved ones. Though it’s technically impossible, a settlement from a lawsuit is an attempt to compensate you for these losses and recognize the anguish you feel when your child has been harmed by a healthcare provider.
A successful pediatric malpractice lawsuit may provide you with compensation for the following damages:
- Medical expenses, including future / lifetime care costs
- Funeral expenses
- Wages you’ve lost in order to care for your child
- Loss of earning capacity
- Pain and suffering, mental anguish, loss of consortium and other non-economic damages.
- Punitive damages if injuries were caused by intentional misconduct
Deadline to File a Lawsuit for Medical Malpractice
Each state has specific deadlines for the filing of a civil lawsuit. In California, you must file a medical malpractice lawsuit within 3 years from the date of injury, or one year after discovering the injury. In some cases, the statute of limitations may be extended, though this is limited to exceptional circumstances like fraud, foul play, or misrepresentation of the laws. Given the limited time to pursue a malpractice claim, please take a moment to contact us and schedule a time to meet with a pediatric malpractice lawyer.
Talk to a Lawyer with Experience in Pediatric Medical Malpractice Claims
The devastating impact of negligence by a pediatrician can’t be put into words, and we understand that money doesn’t make up for your child’s pain and suffering. But a medical malpractice lawsuit isn’t just about compensation from the responsibility party. It’s a direct and powerful way to punish the doctor that failed you and your child, due to circumstances that could have been prevented. At the end of the day, this is the only form of justice that may be available to you, which is why we are so committed to the clients we represent here at Normandie Law Firm.
As the parent or caretaker of a child that was harmed by a pediatrician, you should not be concerned with the cost of hiring a qualified medical malpractice attorney. Our law firm is committed to providing you with free legal services under the Zero Fee Guarantee. Lega fees are paid to us by the defendant as a condition of winning your case. In the event we fail to recover your settlement, you won’t be charged by us for any of the costs associated with your claim.
We know what an emotionally trying time this is for you, but please take the opportunity of contacting us at your earliest convenience. We provide initial case reviews, as well as free second opinions if you need input from another attorney on your existing malpractice claim against a pediatrician.
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