Children suffer a number of medical injuries especially during birth. A number of common problems they have when receiving healthcare involve diagnosis, referral, medication, and treatment. To understand if your child’s medical injury could constitute malpractice, speak with an experienced lawyer about the nature of your incident.
How do Doctors Injure Children?
Many people cannot fathom how their children get hurt while in the care of physicians and their aids. This should be one of the places where they are most protected from injury. So when we meet with kids and their parents they have been the victim of medical malpractice, we try and point out a few sources of common problems in the healthcare industry. First, doctors can have a limited range in diagnosing and finding the problem. You should question physicians when they are reviewing children so that they don’t miss anything. Second, ask what other kinds of doctors your child needs to see and why they are referring the patient to other professionals in the first place. This will also give you more insight into the scope and nature of the problem according to the doctor’s opinion. Third, research for yourself or ask for another opinion if the care originally rendered was appropriate and sufficient in the first place. Fourth, examine the discharge papers and other instructions given to see if they are complete and correct. Fourth, look at the devices and medications prescribed by your child’s doctor. These might be improper in terms of their dosage or even usage generally. These are the dimensions where we normally see kids get hurt by medical professionals and they are where you should look to keep your kid safe!
How do I Prove Medical Malpractice?
Even if you can isolate that your child was harmed while under the care of a medical professional such as a doctor or nurse, it can still be hard to connect the dots to legal culpability. Medical malpractice takes a showing of specific points.
First, you must demonstrate a local, contemporary standard of care using expert testimony. Illinois law also requires an affidavit from a physician that the case has merit prior to filing the lawsuit. Then, you must establish how the defendant’s care to the plaintiff did not meet that standard. Finally, you must highlight how this failure, and only this failure, caused the plaintiff’s injuries. Obviously, this task is not for beginners: multiple doctors can confuse who was at fault; deteriorating patient conditions can muddy whether even any doctor created the problem; facts can question if the issue existed when the plaintiff presented to the defendant. This is why qualified counsel is so vital for medical malpractice cases and why your children needs superb representation as soon as possible.
Don’t Hesitate. Give us a Call And We Can Figure It Out!
Medical malpractice is a messy problem. It involves extraordinarily hard questions of fact and science, compounded by several legal considerations. Even simple cases of medical misconduct can become quite difficult to prove in court. When the facts are harder, as they often are with children, that task can be unbelievably trying for even the best of lawyers. Therefore, it is always better to begin a conversation with an attorney as soon as possible after you learn that your child was harmed while under the care of a medical professional. Our team has a capable and experienced group of professionals that have handled many cases of child medical malpractice injuries. We know the difference between winning and losing cases and what it takes to make sure yours is one of the former. Call us by phone at (888) 424-5757 to hear about what we can do for your child.
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 Are Typical Childhood Injuries?
- Are Children Injured More Frequently Than Adults?
- Do Children Get Hurt More Than Adults in Hospitals?
- 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?