Medical Malpractice and Children: Understanding Your Family’s Rights

You expect doctors and other health care providers to keep your children safe and healthy. Unfortunately, some medical professionals are negligent. If a medical professional’s actions, lack of action, or carelessness harm your child, you may have grounds to file a medical malpractice claim or lawsuit.

Keep reading to learn more. The following overview will explain your rights, helping you better understand how you may seek compensation if a doctor or other such health care provider has injured your child, caused them to experience an illness, or failed to provide adequate care. However, it’s important to know that these are complex cases. Reviewing your case with a medical malpractice attorney can help you more confidently navigate the process going forward.

What is Medical Malpractice?

There are various reasons to consult with a legal professional if you think you may have a valid medical malpractice claim. One such reason is the simple fact that medical malpractice laws can vary from one state to another. It’s beneficial to speak with a professional who understands the laws in your area.

For example, in Massachusetts, you need to establish certain facts to show that you have justification to file a medical malpractice claim. These include:

• That a doctor or other health care provider owed a duty of care to your child
• That the health care provider in question violated their duty of care in some capacity (i.e. was negligent), by failing to take actions and/or taking actions that fell below the expected standard of care
• That the health care provider’s negligence caused your child to experience health issues (i.e. damages) they would not have experienced had the health care provider not been negligent
• That your child/family sustained losses for which compensation is available

Massachusetts medical malpractice cases also involve tribunals to determine whether a claim may proceed. During a tribunal, a panel consisting of a judge, a health care professional working in the same general field as the one you’re accusing of malpractice, and an attorney will review the evidence to determine whether a case can move forward. It is critical at this stage to have a medical expert opinion supportive of your child’s claims.

Gathering sufficient evidence to indicate that malpractice has occurred can be a challenging task. It can be challenging to know how you can prove a doctor violated a standard of care.

That’s not meant to discourage you from seeking justice. On the contrary, it’s meant to encourage you to gather substantial evidence to show why you have a strong case. Gathering such evidence is a task a Massachusetts medical malpractice attorney can help with.

Common Forms of Medical Malpractice That Can Harm Children

Medical malpractice can take many forms. The following are among the more common:

• Failing to properly diagnose a condition
• Delayed diagnosis, which can prevent someone from receiving the care they need in a timely manner
• Lack of proper coordinating among health care providers
• Failure to account for a patient’s medical history when diagnosing their condition or treating them
• Prescribing unsafe medications
• Misreading test results or reading the wrong test results
• Failing to sufficiently warn a patient (or, in the case of a child, their family) about the risks involved in certain forms of treatment
• Not properly monitoring a patient’s condition during surgery, or recovery from surgery

If you’re not sure whether a doctor’s actions or inaction qualify as medical malpractice, speak with a lawyer. They’ll review the details of your case and explain how you may proceed.

Compensation Available When a Doctor Harms a Child

The compensation that may be available in a medical malpractice case can vary depending on many factors. For example, if a doctor’s negligence caused your child to sustain an injury or illness, they may have needed to undergo additional medical treatment. You could file a medical malpractice claim to seek compensation for the cost of said treatment.

You may also be able to seek compensation for losses that don’t have exact financial values. For instance, perhaps your child has endured significant pain and suffering as a result of a doctor’s negligence. You could seek compensation for their pain and suffering accordingly.

At Swartz & Swartz, P.C., our Massachusetts medical malpractice attorneys are on hand to pursue justice on behalf of your child and your family. Learn more about what we can do for you by contacting us online or calling us at (617) 742-1900.

Need Help?

If you or someone you know, needs help from a lawyer, contact the law offices of Swartz & Swartz, use our live chat, or send us a message using the form below and we’ll get in touch to assess your case and how we can help.