How to Handle a Medical Malpractice Case Involving Children
If you believe your child has been harmed by medical malpractice, it’s important you approach the situation with careful attention. Medical malpractice of children is obviously extremely serious and requires specific steps to navigate it effectively.
Here’s a straightforward guide on how to handle a medical malpractice case involving children.
Recognizing the Signs for Medical Malpractice of Children
First, parents and loved ones should know that not every injury or bad experience constitutes malpractice. At our firm, we’re very careful with cases related to children and the places that serve them. Most doctors serving our kids are doing wonderful and deeply important work.
But sometimes, the worst really does happen. And in that situation, the question becomes, who pays? How does the family recover? So here are three key bullet points to help you determine if you or your child has experienced medical malpractice:
Deviation from Standard Care
If the medical care you received was significantly different from the accepted standards of practice in the medical community, it could be malpractice. Doctors work within recommended medical guidelines. If a treatment or procedure didn’t follow those guidelines, it could mean malpractice.
In most cases, your lawyer will have to show your care went beyond the normal risk that comes with medical treatment.
Negligence Resulting in Harm
Medical malpractice can also occur when a healthcare provider’s negligence leads to injury or worsening of your condition. This might include:
- misdiagnosis
- delayed diagnosis
- improper treatment
If you can link the harm directly to your provider’s actions or inactions, it could point to malpractice.
Failed Recovery or Worsening Condition
If your condition didn’t improve as expected or worsened after medical treatment or a procedure, you’ll want to understand why. When the outcome was due to errors or omissions by healthcare professionals, it can be a sign of medical malpractice.
To help know for sure, you should always get a second opinion and keep records of all of your child’s medical treatments.
The Most Common Child Medical Malpractice: Birth Injuries
Birth injuries are one of the most common types of medical malpractice cases involving children. These injuries happen during labor and delivery and can affect your child’s health for the rest of their life.
Common examples of birth injuries include brain damage caused by lack of oxygen and severe nerve damage.
If you believe your child suffered a birth injury due to a medical professional’s mistake, it’s important to consult a lawyer who specializes in medical malpractice. They can help you understand your legal options and work to get the compensation your child deserves.
Steps to Take if You Suspect Medical Malpractice of a Child
Document Everything
It’s crucial to keep detailed records of your child’s medical care, including:
- Medical records, like hospital notes, test results, and treatment plans.
- Communication with healthcare providers, like emails, letters, and notes from phone conversations.
- Photos and videos of any visible effects or changes in your child’s condition.
Before proceeding, also get a second opinion from another qualified medical professional. This can help verify whether the care your child received met acceptable standards or if malpractice occurred.
Consult with a Medical Malpractice Lawyer
Medical malpractice cases involve several steps.
First, your lawyer will file a formal complaint against the medical provider or facility. Then in discovery, both sides will exchange evidence and information related to the case. From there, many cases are settled out of court, but if a settlement isn’t possible, the case may go to trial.
Find a lawyer who specializes in medical malpractice and has experience with cases involving children. Our medical malpractice lawyers help you know in advance what to expect from your case, including what issues might come up for you. And we help you prepare all the necessary information to give you the best shot at success.
Focus on Your Child’s Future
Pursuing a legal claim can protect you and your child’s future. We help get compensation for:
- Medical expenses
- Pain and suffering
- Future care for ongoing and long-term needs
In addition, handling a medical malpractice case involving your child can be emotionally challenging. It’s important to connect with friends, family, or a counselor to help cope with the emotional impact.
Your child’s health and comfort are top priorities during the legal process. So make sure to find an attorney who is worthy of your trust and will communicate well with you, so you can focus on what matters most: your child.
Legal Help for Medical Malpractice of Children in Memphis
Handling a medical malpractice case involving children is complex, but with the right guidance and support, you can navigate it and put your child in a much better situation.
Our Memphis medical malpractice attorneys have been helping the people of Memphis for over 40 years. We communicate clearly from the start and fight for you every step of the way. And we don’t make anything unless and until we win your case.
That’s how we’ve earned multiple awards for client satisfaction, top ratings on Google and Avvo, and decades of A+ ratings from the Better Business Bureau. And we’re here to help you, too.
To get started with a free consultation, just contact us today using the form on this page or call us at 901-327-2100.
Let us help you get justice for your child and the compensation they need for a happy and healthy future.
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