What Is Pediatric Malpractice?

What Is Pediatric Malpractice?Our medical malpractice lawyers have seen first-hand the tragic consequences of negligence in healthcare. But there’s a particular heartbreak that comes with cases involving children. These are our most vulnerable patients, relying on adults to safeguard their health and well-being. When that trust is betrayed, the effects can be lifelong.

Pediatric malpractice occurs when a healthcare provider deviates from the accepted standard of care for treating a child, resulting in harm. This standard considers a child’s age, developmental stage, and unique medical needs. Unlike adults, children often can’t communicate symptoms effectively, making diagnosis and treatment more complex.

Common types of pediatric malpractice

Several areas are particularly susceptible to pediatric malpractice:

  • Misdiagnosis and delayed diagnosis: When a healthcare provider misses or delays a diagnosis, the child’s condition can worsen significantly. This is especially common with illnesses like meningitis, appendicitis, and pneumonia, where early intervention is crucial.
  • Medication errors: Improper dosages, administration errors, or wrong prescriptions can have serious consequences for children whose bodies are more sensitive to medications.
  • Surgical errors: Pediatric surgery requires specialized skills. Operating on the wrong site, using the wrong instruments, or leaving surgical instruments behind can cause significant harm and require corrective surgery.
  • Anesthesia errors: Improper administration of anesthesia can lead to complications like respiratory problems, cardiac arrest, and even brain damage. Precise monitoring and age-appropriate dosages are essential.
  • Birth injuries: Injuries sustained during childbirth due to negligence, such as Erb’s Palsy or cerebral palsy, can have lifelong consequences. These injuries may be preventable with proper monitoring and intervention during delivery.
  • Failure to monitor: In critical situations, constant monitoring of a child’s vital signs and condition is essential. Failure to do so can lead to delayed intervention and worsen the child’s health.

Building a strong pediatric malpractice case in Kentucky

Successfully securing compensation for a child victim requires meticulous work. Here’s what our Kentucky pediatric malpractice lawyers take into consideration when building a strong case:

  • Medical records: Detailed records documenting the child’s treatment history, diagnoses, medications, and test results are vital evidence.
  • Expert witnesses: Expert testimony from a pediatric specialist is crucial to establish the standard of care and demonstrate how the healthcare provider deviated from it, causing harm. The expert should be able to explain the child’s injury and prognosis, and how it could have been prevented with proper care.
  • Life care planning: Pediatric malpractice cases often involve long-term injuries that require ongoing medical care, rehabilitation, and therapy. Life care planning entails creating a comprehensive plan outlining the child’s future medical needs and associated costs.

What damages are available in a Kentucky pediatric malpractice case?

The harm caused by pediatric malpractice can have a significant financial and emotional impact on your family. These damages may include:

  • Medical expenses: Covers past and future medical bills associated with the injury, including surgeries, therapy, medication, and hospitalization.
  • Pain and suffering: Compensates the child for physical and emotional pain caused by the injury and ongoing medical treatments.
  • Loss of earning capacity: If the malpractice significantly impacts the child’s future ability to work and earn a living, compensation can be awarded.
  • Loss of consortium: Parents may be compensated for the loss of companionship, love, and care due to the child’s injury.
  • Wrongful death: In the tragic event of a child’s death due to medical negligence, parents may file a wrongful death lawsuit to recover damages for their loss.

How we fight for victims of pediatric malpractice

Skilled legal representation can make a significant difference in the lives of children and their families. Here are some strategies our Kentucky pediatric malpractice lawyers might employ for your case:

  • Early investigation: Promptly investigating the case allows for securing medical records, identifying potential witnesses, and preserving evidence before it disappears.
  • Compassionate communication: Maintaining open communication with your family, while managing expectations and timelines, is an important part of the process.
  • Working with experts: Collaborating with pediatric specialists, life care planners, and economists strengthens the case by providing a comprehensive picture of the child’s needs and the financial impact of the malpractice.
  • Alternative dispute resolution (ADR): Exploring options like mediation or arbitration can sometimes lead to faster resolution and reduce litigation costs. However, it’s important to ensure a fair outcome for your child. Our lawyers can help guide you in the right direction.

While litigation is a powerful tool, it’s not the only way to help families affected by pediatric malpractice. Our lawyers also provide support beyond the courtroom:

  • Connecting families with resources: Many families need help navigating the complex healthcare system and accessing resources for their child’s ongoing care. We can connect you with social workers, support groups, and specialists.
  • Advocacy for change: By taking on Kentucky pediatric malpractice cases, we can advocate for improved healthcare practices and safety protocols to prevent similar tragedies from happening again.

Pediatric malpractice is a serious issue with devastating consequences. With our skilled legal representation, the attorneys at Wilt Injury Lawyers strive to hold negligent healthcare providers accountable and secure the resources you need to care for your children.

If you suspect your child has been harmed due to medical negligence, don’t hesitate to seek legal advice. Wilt Injury Lawyers can help you fight for your child and their future. The sooner you contact our Kentucky medical malpractice lawyers, the sooner you can get the help and support your family needs. Call us or fill out our contact form to set up your free consultation. Wilt Injury Lawyers proudly serves clients throughout Kentucky and maintains offices in Lexington and Louisville.