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Pediatric Malpractice Is A Devastating Reality


Posted on July 7th, 2022 Medical Malpractice

Many parents do extensive research before picking the right pediatrician for their child. After all, the health of their children is at stake. When we think of doctors, especially pediatricians, most believe they’ll always provide great care. Without avoidable mistakes, without negligence, and without any harmful consequences. Unfortunately, not all families receive the standard care from pediatricians. Pediatric malpractice cases do exist.

And the injuries in these cases are often devastating. If you believe your child sustained injuries due to pediatric malpractice and negligence, you may be entitled to compensation. Navigating such a case on your own is difficult. Having the right team by your side can be the difference between a successful case and a failed one. Contact Hampton & King to see how we can find justice and accountability together.

Pediatrician checking baby's heartbeat.

A Lifetime Of Disability

A Nebraska family experienced the consequences of pediatric malpractice, when 11-month-old Vivianne Marousek was rushed to the Children’s Hospital in Omaha after falling at daycare. The fall led to seizures and she was kept overnight at the hospital. In the morning, Vivianne was discharged without any further workup. Unfortunately, the seizures didn’t stop. Her early release from the hospital led to permanent brain damage. 

Now 6 years old, Vivianne requires care around the clock. She can’t do what most 6 year olds can. Including walking, talking, and feeding herself. 

Had the hospital kept her, monitored her, and evaluated her even further, further brain damage could have been prevented. 

The family is in the midst of a medical malpractice case.

Errors Leading To A Pediatric Malpractice Case

The rate of malpractice is significantly lower amongst pediatricians. But when it comes to the life of a child, the results can be more devastating. Mistakes do happen but when avoidable errors occur and lead to serious injuries or even death, it is not okay. 

So what leads to pediatric malpractice?

Here are the more common errors that lead to pediatric negligence:

  • Diagnostic errors
  • Not monitoring the patient 
  • Failure to order the correct tests
  • Failure to read tests accurately 
  • Prescribing the wrong medication 
  • Carrying out an incorrect procedure
  • Early discharge of the patient

Common Injuries Caused By Pediatric Malpractice

Some mistakes and errors in the medical field may go unnoticed. Especially if they lead to no injuries or are noticed right away and resolved. Other errors can lead to severe injuries. These errors may result in lifelong disabilities or even be fatal. 

The most common pediatric malpractice claims include:

  • Brain injury
  • Meningitis
  • Appendicitis
  • Pneumonia
  • Respiratory Conditions
  • Other infections

Many of these injuries require high out-of-pocket costs for families. Often these medical expenses last for the child’s entire life. Being responsible for expensive medical bills due to a doctor’s negligence doesn’t make much sense. That is why it is so important to seek justice and advocate for yourself and your child. Holding a negligent pediatrician responsible is important. 

Not sure how to take the first step in advocating for your child? Want to know how to navigate a pediatric malpractice case? Keep reading.

Filing A Claim

Thinking a doctor may have acted negligently isn’t enough to file a claim. Hospitals and doctor offices know exactly how to navigate malpractice cases. That’s why an attorney experienced with malpractice cases can be of significant help. If you’re thinking about filing a medical malpractice case, here are the steps you must take.

  1. Gather all your evidence. There’s no such thing as too much proof. Especially in a pediatric malpractice case. This includes:
    1. All communication between you and your child’s pediatrician
    2. All medical records including test results, prescriptions, lab results, treatment recommendations, discharge instructions, etc. 
  2. Meet with a lawyer. Not all lawyers are the same. It’s important to find an attorney with specific expertise in medical malpractice. This will likely increase your odds of victory. At Hampton & King our team is made up of caring and experienced lawyers with plenty of successful malpractice cases under their belt. Speak to one today.
  3. Act fast. Most medical malpractice claims have a strict statute of limitations. In the state of Texas, you likely have two years to file your claim. If you wait longer than that, you may be out of luck with justice and compensation.
Pediatric malpractice case.

Seek Accountability From Negligent Medical Providers

Many children are suffering from serious complications due to malpractice. Hampton & King understands how difficult life can be for the entire family. That’s why we are so dedicated to helping families and victims of all sorts of medical malpractice, including pediatric malpractice. 

We can help you seek compensation for:

  • Past and future medical expenses
  • Lost income
  • Pain and suffering

Have questions? Want to speak to someone today? Give us a call! The first consultation is on us.

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