When Medical Malpractice Harms Children

How can a medical error affect my child?

Medical errors could affect your child’s health and well-being. Sometimes, an unfortunate mistake may have devastating and long-term consequences. If the doctor or healthcare professional is found to be negligent, it may be beneficial for you to speak to a medical malpractice lawyer to determine the best course of action. 

Children can be vulnerable in several ways. They may not express themselves as clearly as adults. This could lead to difficulties involving medical diagnoses. Unsurprisingly, misdiagnosis is the top reason for medical malpractice lawsuits involving children. 

Furthermore, younger children’s bodies may also be more susceptible to the effects of disease and injuries. As such, their condition could deteriorate more quickly if diagnosis is delayed or timely treatment is not administered.

Depending on the severity of injury, your child may be entitled to compensation for the damages. This is especially important if the consequence of the medical mistake is severe, as your child may require long-term care or treatment. 

The Statute of Limitations

Another important factor to keep in mind is the “statute of limitations”, which is the amount of time that you have to bring a claim (link to article on Statute of Limitations).

Some states have provisions that delay the statute of limitations count-down until after the child reaches 18 years of age.

For example, if the statute of limitations is 2 years in your state, but your child is the victim of malpractice at the age of 14, the statute of limitations would only start counting down when he or she turns 18. This is known as “tolling.” This would mean that the lawsuit would need to be filed before your child reaches the age of 20. This is only an example and does not apply to every state.

Please check with an attorney to find the applicable statute of limitations in your particular case. 

How to find a medical malpractice lawyer?

Finally, it would be useful to find a good medical malpractice attorney who is familiar with similar cases.

Medical malpractice lawyers may have different levels of experience in dealing with cases involving children. This is an important consideration as it could affect the outcome of the case.

Reaching out for help is especially useful because dealing with medical malpractice cases when your child is involved can be challenging.

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