Child and Pediatric Medical Malpractice FAQs

When a child suffers harm due to medical negligence, the emotional toll on families can be overwhelming. Parents trust healthcare providers to deliver care that protects and nurtures their child’s well-being. When they make mistakes, children are hurt and families are left wondering how to get answers, security, and justice for their child. 

Below are frequently asked questions about child and pediatric medical malpractice to help families better understand their rights and options.

1. What is pediatric medical malpractice?

Pediatric medical malpractice occurs when a healthcare provider, such as a doctor, nurse, or hospital staff, fails to meet the standard of care when treating a child. This negligence can result in harm, injury, or even death. Examples include misdiagnosis, delayed diagnosis, medication or surgical errors, birth injuries, or failure to recognize and treat serious conditions.

2. How is a medical malpractice claim different when it involves children?

Medical malpractice claims involving children often have unique legal and medical considerations. Since children cannot advocate for themselves, a parent or legal guardian must file the claim on their behalf. Additionally, the long-term impact of an injury on a child’s physical and cognitive development is a significant factor in determining damages. These cases often require expert opinions to assess how the injury may affect the child’s future growth, education, and earning potential. Furthermore, the statute of limitations may be extended in some cases involving minors, allowing more time to file a claim. Consulting with an attorney experienced in pediatric cases ensures that these complexities are handled appropriately so that you can secure justice for your child.

3. What are common examples of pediatric medical malpractice?

Some of the most common forms of pediatric medical malpractice include:

• Misdiagnosis or delayed diagnosis: Failing to diagnose conditions such as meningitis, sepsis, or congenital heart defects.
• Medication errors: Administering the wrong drug, dosage, or treatment plan for a child’s size and age.
• Birth injuries: Harm caused during labor and delivery, such as cerebral palsy, Erb’s palsy, or brachial plexus injuries, or harms caused by improper prenatal care to the mother and baby.
• Surgical mistakes: Pediatric surgery is highly intricate and requires a specialized team of surgeons, anesthetists, and other providers. Errors during pediatric surgery can have major consequences.
• Failure to monitor: Neglecting to properly observe a child's vital signs, especially in critical care situations.

4. How can I tell if my child was harmed by medical malpractice?

Determining whether malpractice occurred can be challenging without the help of legal and medical professionals. However, signs that medical negligence may have played a role in a child’s condition include:

• Worsening conditions after treatment.
• An unexplained or unexpected injury following a medical procedure.
• A healthcare provider refusing to answer questions or provide a clear explanation of what happened.
• A sudden, life-altering diagnosis that could have been detected earlier.

If you suspect malpractice, seek legal advice and a second medical opinion promptly to protect your child’s health and rights.

5. Who can be held liable in a pediatric medical malpractice case?

Liability in a pediatric malpractice case can extend to various parties, including:

• Physicians, including pediatricians, surgeons, obstetricians, and gynecologists (OBGYNS): If they fail to provide an accurate diagnosis, proper treatment, or appropriate follow-up care.
• Nurses or medical staff: For errors in administering medications or monitoring and treating a child's condition.
• Hospitals or medical facilities: If policies, staffing, or equipment failures contributed to the injury.
• Other providers of medical care or medications: If they were involved in the errors that caused the harm.

6. What damages can I recover in a pediatric malpractice case?

Families may seek compensation for a variety of losses, including:

• Medical expenses: Both past and future costs for additional surgeries, therapies, and ongoing care for the child.
• Pain and suffering: The physical pain and emotional distress experienced by your child and family.
• Loss of future earning potential: If the child’s injuries will limit their ability to work or live independently in the future.
• Home modifications or assistive devices: For children requiring long-term accommodations like wheelchair ramps or communication aids.

7. How long do I have to file a pediatric medical malpractice claim?

The timeframe to file a medical malpractice claim, known as the statute of limitations, varies by state. In Delaware and Pennsylvania, medical malpractice claims must generally be filed within two years of the date the injury occurred, while in Maryland, the statute of limitations is three years. However, exceptions may apply for minors, and the timeline can depend on when the injury was discovered. Consulting with an attorney quickly ensures that your case is filed within the required timeframe.

8. How is negligence proven in pediatric malpractice cases?

To prove negligence, your attorney must demonstrate:

1. Duty of care: The healthcare provider had a responsibility to deliver competent care.
2. Breach of duty: The provider failed to meet the accepted standard of care.
3. Causation: The provider’s failure directly caused your child’s injury.
4. Damages: Your family suffered harm as a result.

An experienced attorney will work with medical experts to analyze your child’s records, treatment, and outcomes to establish these elements.

9. Will my child need to testify during the case?

In most cases, children do not need to testify. Attorneys typically rely on medical records, expert testimony, and parent or guardian accounts to build the case. This minimizes the stress and trauma on your child while ensuring that your child’s voice is still heard.

10. What steps should I take if I suspect pediatric malpractice?

If you believe your child was harmed due to medical negligence, consider the following steps:

1. Seek medical attention: Prioritize your child’s health and safety by obtaining a second opinion and any necessary treatment from a trusted provider.
2. Document everything: Keep detailed records of your child’s treatment, medical bills, and any changes in their condition.
3. Request medical records: Obtain copies of all relevant records to ensure that they are preserved for review. Your attorney can help you with this.
4. Consult an attorney: A knowledgeable legal team can investigate the circumstances, gather evidence, and guide you through the claims process.

11. How much does it cost to hire an attorney for a pediatric malpractice case?

Our firm handles personal injury and medical malpractice cases on a contingency fee basis, meaning you pay no upfront fees. We only receive payment if we successfully recover compensation for you. Additionally, we offer a free initial consultation to discuss your case and explain your legal options.

12. How long will my case take?

The duration of a pediatric malpractice case can vary depending on its complexity and whether it settles out of court or proceeds to trial. While some cases may resolve within months, others may take years. Our attorneys will keep you informed at every stage and work diligently to achieve a fair outcome as efficiently as possible.

When medical negligence affects a child, the impact can be devastating. As a parent, you deserve answers, accountability, and the resources needed to provide your child with the best possible care and future. At our firm, we are committed to helping families navigate these challenging situations with compassion and professionalism.

If your child has been injured due to suspected medical malpractice, call us today at 302.655.2599 or contact us online to schedule your free consultation. Let us fight for the justice and compensation your family deserves.