In the past, families often depended on a single doctor for all their medical needs. Now, many parents recognize that children’s healthcare issues and needs differ from adults and thus opt to seek care from pediatricians for their children. Pediatricians receive specialized training to treat young patients effectively, but they, like all doctors, can sometimes make mistakes that cause harm. If your child sustained an illness or injury due to a pediatrician’s incompetence, it is advisable to consult a lawyer to explore the possibility of seeking compensation in a pediatrician malpractice lawsuit. At Foran & Foran, P.A., our dedicated Prince George’s County medical malpractice attorneys are sensitive to the devastating impact harm caused by malpractice can have on a family, and if you engage our services, we will fight to help you seek a just outcome.
Harm Caused by Pediatrician MalpracticeSeveral oversights and errors can constitute pediatrician malpractice, but some occur more frequently than others, causing young patients significant harm. For instance, a misdiagnosis or delayed diagnosis of conditions such as cerebral palsy or congenital heart defects can result in severe health complications and delayed care. Similarly, the failure to recognize symptoms of serious illnesses like appendicitis or meningitis can lead to a delay in testing and diagnosis, which ultimately results in rapid deterioration of the child's health, leading to permanent disability or fatality. Errors in prescribing medication, such as incorrect dosages or unsuitable drugs, can cause adverse reactions, overdoses, or long-term health issues.
Elements of a Pediatrician Malpractice LawsuitTypically, doctors who harm their patients do so unintentionally rather than deliberately. Consequently, in most pediatric malpractice cases, the plaintiff will claim that the defendant doctor was negligent.
In Maryland, to prove negligence in the context of pediatric care, a plaintiff must prove that the defendant owed a duty to the plaintiff. Generally, the duty owed is to uphold the prevailing standard of care, which is defined as the care that a competent physician in the same field would offer under similar circumstances. Next, the plaintiff must show that the defendant’s behavior constitutes a breach of the duty owed by departing from the standard of care.
The standard of care imposed on pediatricians is usually beyond the average person's understanding, so plaintiffs often need an expert to explain the standard of care and how the defendant deviated from the standard to the judge or jury.
After proving the duty and its breach, the plaintiff must demonstrate that this breach caused actual harm. This means showing that the breach was a significant factor in causing the plaintiff's damages and that the harm the plaintiff suffered would not have occurred without the breach. Proving damages and causation usually also requires expert testimony.
Children injured by pediatrician malpractice and their parents can both seek damages for the resulting harm. Parents can often recover compensation for medical treatment costs incurred from the time of the injury until the child reaches adulthood, as well as for the loss of the child’s services and the emotional distress caused by the injury. Children can be awarded damages for medical expenses incurred after turning eighteen and for any loss of earnings due to the defendant’s actions.
Talk to a Seasoned Prince George’s County Medical Malpractice AttorneyWhen physicians who provide medical care to children recklessly perform their professional duties, it sadly often causes substantial and permanent losses. If your child sustained injuries due to pediatrician malpractice, it is in your best interest to talk to an attorney about what damages you may be able to recover. The seasoned Prince George’s County medical malpractice attorneys of Foran & Foran, P.A., are well-informed regarding what it takes to prove negligent doctors should be held accountable for the harm they cause, and if we represent you, we will advocate zealously on your behalf. Our office is located in Greenbelt, Maryland, and we frequently represent people in medical malpractice lawsuits who reside in Hyattsville, Bowie, Upper Marlboro, Waldorf, La Plata, Silver Spring, Rockville, and other cities in Prince George’s County, Montgomery County, Charles County and all counties in the State of Maryland. You can reach us through our form online or by calling us at (301) 441-2022 to set up a confidential and free meeting.