Navigating Medical Malpractice Claims in Pediatric Cases

You trust your child’s pediatrician to keep them healthy and free from injury. When sending your child to the doctor, you don’t suspect that a medical professional’s negligence will result in harm to your child.

Unfortunately, this can happen. If your child has been hurt because of a medical professional’s actions or carelessness—or if they didn’t receive necessary treatment or a diagnosis in a timely manner—compensation may be available. By filing a medical malpractice claim or lawsuit, you could seek compensation for medical bills and other such losses on your child’s behalf.

However, it’s important to understand that virtually all medical malpractice claims may be relatively complex. Navigating such a claim or lawsuit can be particularly difficult in a pediatric case.

The following overview will help you better understand the topic. Be aware that professional assistance is also available if you need help with your case.

Common Forms of Pediatric Medical Malpractice

Medical malpractice doesn’t occur every time a medical professional errs in any capacity. Doctors are humans, and they can make mistakes even when operating carefully and at the highest levels of professionalism.

Medical malpractice occurs when a doctor or other such professional makes the type of mistake that would be unreasonable or uncommon for another professional in their position to make. In legal terms, proof must be presented that certain actions or inactions fell below the accepted standard of care. Common examples of pediatric medical malpractice include (but aren’t necessarily limited to):

• Misdiagnosis
• Delayed diagnosis
• Birth injuries
• Surgical errors
• Medication errors

The potential consequences a child may face as a result of medical malpractice can depend at least in part on the type of malpractice that has occurred. For example, if a doctor fails to properly diagnose a child’s condition in a timely manner, at the very least, that child may remain ill longer than necessary. This can result in costly medical bills and extended pain and discomfort for a child, for years or even a lifetime.

The consequences may be worse depending on a child’s condition. In some instances, failure to receive a proper diagnosis can prevent a child from receiving treatment that’s needed to guard against long-term symptoms of an untreated illness. A child could face a lifetime of struggles because a doctor, despite having the experience and training necessary to do so, didn’t diagnose their condition as they should have.

Compensation is often available in such cases. Depending on various factors, filing a medical malpractice claim or lawsuit could allow a victim’s parents to seek compensation for medical bills, their child’s pain and suffering, the cost of ongoing care, and more.

There May Be a Limit to Damages Available in Pediatric Medical Malpractice Cases

In many cases, there are certain limits to the damages that are available via medical malpractice lawsuits. For example, in Massachusetts, the maximum damages available for non-economic losses (i.e. losses without a dollar value, like pain and suffering) could be  $500,000. However, there are important exceptions, for example for severe or permanent injuries.

It’s also critical to understand that time limits may also apply when filing a medical malpractice claim or lawsuit. To return to the example of Massachusetts, generally, you must file a medical malpractice lawsuit within three years of the malpractice occurring to avoid forfeiting your right to compensation. However, a “date of discovery” rule could extend that time. Either way – it is important to discuss such procedural issues with an experienced medical negligence attorney as soon as possible.

Also, timing rules are different in Massachusetts pediatric medical malpractice cases. If a child is under the age of six when malpractice occurs, the deadline is extended until their ninth birthday, giving their parents or guardians more time to file a lawsuit and seek damages. However, if the child is older than six years of age, the three-year statute of limitations typically applies.

Potential Evidence in a Pediatric Medical Malpractice Case

Evidence that can strengthen a pediatric medical malpractice claim or lawsuit can take a variety of forms. Examples include:

• Medical records
• Test results
• Medical bills
• Notes and testimony from other medical professionals
• Witness testimony
• Correspondence

That’s not an exhaustive list. Because proving medical malpractice is often more difficult than proving other kinds of negligence, you may need to gather substantial evidence to show why your child is eligible for compensation.

You don’t have to gather this evidence yourself. In fact, allowing legal professionals with experience handling pediatric medical malpractice cases to investigate and gather evidence on your behalf will give you more time to tend to your child’s needs.

At Swartz & Swartz, P.C., investigating and gathering evidence is just one way our Boston pediatric medical malpractice lawyers can help with your case. We can also explain your legal options, complete and submit claim or lawsuit paperwork, handle all correspondence with the insurance company, and more. Get started today by contacting us online or calling us at (617) 742-1900 for your free consultations.

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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.