No. Adults and children face medical malpractice at similar rates compared to their respective population levels. Of course, this does not touch on the nature and severity of risks that a child or adult is exposed to while in the care of healthcare professionals. Yet, this might signal that hospitals and doctors don’t discriminate in their treatment of either group.
What’s The Difference Between Medical Malpractice For Kids And Adults?
Not much. Medical malpractice claims allege that a healthcare provider such as a doctor failed to treat a patient in a manner that the patient deserved and that the patient suffered consequently. You must prove what kind of care the patient deserved, how the defendant failed to provide it and the nature of the injuries that the patient sustained as a result. The form and mechanics of the suit don’t differ whether the plaintiff is a child or an adult. Having a child plaintiff or even an elderly plaintiff even can make it a bit harder though. This is true because the injured person might not be able to help the case as much as one who is cognizant of what happened. Also, the damages are more speculative in these circumstances versus someone who was actively working at the time of the injury.
Are There Different Requirements For Medical Malpractice Cases?
Yes. In certain states, such as Illinois, you must do certain things in medical malpractice cases that you don’t have to do in other kinds of cases. For instance, Illinois requires you to obtain a signoff from a disinterested physician attesting to the merit of the lawsuit before you can file it. Then, you must use expert testimony in building your cause of action in order for it to be considered legally sufficient. There are other procedural differences involved in Illinois medical malpractice suits compared to others but there are some of the most important.
Don’t Fret The Details, Give Us A Call!
Rosenfeld Injury Lawyers sspecializes in understanding the details of children’s medical malpractice cases so you don’t have to. We can bring all that skill to your situation. All you need to do to start that process is give us a call at (888) 424-5757. Then, we can walk you through the peculiarities of the laws and steps you need to take to make sure your child is protected!
For additional information see the following pages:
- How Are Children Injured?
- What Can a Child Obtain in a Personal Injury Case?
- What Are Child Injury Laws?
- What Is Institutional Child Abuse?
- What Can I do If I Have Been Harmed or Know a Child That Has Been Harmed?
- What Are Child Injury Cases Worth?
- What Resources Are There For Injured Children?
- How Can a Lawyer Fight For Your Injured Child?
- What Medical Injuries do Children Suffer?
- What Are Typical Childhood Injuries?
- Are Children Injured More Frequently Than Adults?
- Can I Spank My Child?
- Can I Get in Trouble For Falsely Reporting Child Injuries?
- Do Children's Injury Cases Normally Settle or Go To Trial?