Pediatric Malpractice – What is it and Can You Sue?

Unfortunately, adults and children can fall victim to incidents of medical malpractice. Pediatric malpractice is when a pediatrician commits malpractice while treating a child patient. If your child was the victim of inadequate medical care, you can file a lawsuit to receive compensation for your child’s injuries.

What is Pediatric Malpractice?

Pediatric malpractice is when a pediatrician:

  1. provides medical treatment to a child, and
  2. does so in a manner that falls below the acceptable standard of care that other pediatricians would have given under similar circumstances.

Examples of pediatric malpractice include instances where a provider:

  • Fails to diagnose a certain condition or illness,
  • Worsens a condition in the course of treatment, or
  • Prescribes or administers incorrect medications or dosages.

Acts of malpractice by a pediatrician are very serious. Children can suffer serious injuries and even die from the unreasonable care of a health professional. A common cause of malpractice lies in the reality that sometimes children present different ways or don’t know how to effectively communicate with a doctor. Pediatricians must know the differences between adult patients and child patients.

Can You Sue in Cases of Pediatric Malpractice?

Yes. You can file a lawsuit against a pediatrician if he/she injured your child while providing inadequate care. To succeed with the suit, you’d have to prove the following:

  1. The pediatrician owed a child a professional duty of care,
  2. The pediatrician breached that duty,
  3. The breach injured the child, and
  4.  The child suffered damages because of the breach.

As to the first element, note that a pediatrician normally owes a child a duty of care while he/she is providing medical care or treatment. As to the second element, medical malpractice attorneys can typically prove a breach of duty by relying on:

  • Medical notes and records,
  • Test results,
  • Prescriptions, and
  • Expert Testimony.

What Damages Can You Recover?

Damages in a pediatric malpractice case can include compensation for such things as:

  • Medical care,
  • Therapy,
  • Rehabilitation,
  • Medical equipment,
  • Replacement wages,
  • Out of pocket expenses,
  • Pain and suffering, and
  • Loss of enjoyment of life.

Contact Otorowski Morrow & Golden, PLLC

Please know that our firm is here to help if your child was injured due to the malpractice of a pediatrician. Otorowski Morrow & Golden, PLLC provides free consultations to all our potential clients. The attorneys at our law firm also have over 120 years of combined experience representing injured parties in medical malpractice cases. They never back down to insurers and fight for their clients’ interests every step of the way. Do yourself a favor and contact them now for the quality legal representation you deserve.

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