Should I File A Lawsuit Against My Child’s Doctor?
Pediatricians are part of the team of professionals on which families depend to help raise their children properly. If a child's physician makes a mistake in diagnosis or treatment, the results can be devastating.
Doctors must be held accountable for the quality of healthcare they provide. If your child has suffered an injury as result of a medical error, you may want to consider filing a lawsuit for pediatrician malpractice. I am attorney Bill Galione and my law firm protects families whose children have suffered catastrophic personal injuries. The damages you may recover can help you care for your child's present and future medical needs.
Understanding The Elements Of A Malpractice Case
There are four elements in a pediatric malpractice claim, which must be met to have a viable case:
- Duty – Your pediatrician had a duty to treat your child at the same level of competence as any other physician
- Breach – Their error must have breached the duty they owed your family
- Causation – The injuries your child suffered were a direct result of the pediatrician's errors
- Damages – The child's injuries must be able to be compensated by financial damages in court
As your family's personal injury lawyer, I can evaluate your child's medical situation and discuss the strength of your case related to these elements.
Situations Covered By Pediatric Malpractice Claims
Some of the most common situations that lead to a pediatric malpractice claim include misdiagnosis of or failure to treat an illness or injury that leads to a child's death or significant permanent disability. Harmful medication errors are also another source of malpractice claims, as is negligence in treatment.
One type of pediatric malpractice claim that is specific to children's doctors is related to birth injuries, which can include:
- Injuries to the baby's skull or irreversible brain damage
- Cerebral palsy
- Hypoxia (lack of oxygen to the baby's brain)
- Failure to diagnose significant medical conditions at the time of birth
- Wrongful death