What Is Pediatric Malpractice?

Definition of pediatric malpractice

Medical negligence or medical malpractice is when a doctor has rendered negligent care for a patient. This can include failing to adequately diagnose and treat patients, as well as improperly documenting interactions with their patients.

In most cases, liability will depend on whether the physician met the standard of care required by law. For example, if you believe that your child was harmed by an infection that could have been prevented if the doctor had acted properly, then you may be able to file a claim against him/her.

There are two types of medical malpractice claims: criminal and civil. With a civil case, both parties must agree to resolve the dispute through arbitration or in court. There are also alternative methods of resolving disputes out of court.

Criminal charges only apply in the very worst cases where serious injuries result from healthcare errors. Doctors who make mistakes but do not intend to harm anyone should not face any legal action.

Doctors sometimes may become frustrated and angry while trying to provide quality care to their patients. These emotions can lead them to act foolishly and possibly commit violence against those they care for.

If a doctor’s actions cause others to suffer harm, she might be charged with assault or other crimes. However, allegations alone don’t mean he did something wrong.

A consumer who believes he suffered injury because of her doctor’s actions can also file a lawsuit. 

 

Who is at risk for pediatric malpractice

Medical professionals who care for children are often accused of committing medical negligence, when they have not done so. There are many reasons that an adult could also be considered negligent; however, for purposes of this article we will focus only on the risks to doctors and nurses.

These claims usually arise because either the doctor or nurse failed to properly diagnose and treat the child. The pediatric malpractice claim goes against the hospital (or healthcare facility) because it was the institution’s failure to adequately oversee and monitor the provider’s actions that led to the damages.

There are two types of medical liability cases: legal and statutory. A legal case involves lawsuits brought directly against the health care provider, while in a statutory case, the patient files suit under the state’s medical statute.

Both come with their own set of rules and requirements. In both instances, the plaintiff has the burden of proof to demonstrate that the physician(s) committed some act by which he/she violated any duty of protection related to the patient.

In factual scenarios where no evidence suggests that a harmful event would occur, there is normally no basis for a lawsuit. However, various circumstances can lead to accusations of medical negligence even if nothing actually happened.

 

What is likely to happen when you are sued

When you run into problems with others’ actions, money can become an issue. If someone sues you for injuries that you have suffered, you may face substantial expenses.

By hiring a lawyer, you will earn more time working through your issues. You should always keep in mind that you deserve compensation for your losses.

If you were negligent or otherwise harmed another person, then you might find yourself facing legal action. It’s best to be prepared instead of risking it by representing yourself before a court.

Your first impulse might be to try to negotiate a settlement without taking this matter seriously. However, if you want to protect your own interests, you cannot take any criminal proceedings against you lightly.

You could land in jail because of what you did-or didn’t do. Representing yourself at trial gives you the right to present evidence and testify, as well as to defend yourself against other witnesses and arguments.

With so much at stake, it’s not worth trying to handle things on your own. Find a good professional to help you everywhere you go from shopping to filing a lawsuit.

 

How can I limit my risk for pediatric malpractice

Several factors could lead to your child being involved in medical malpractice lawsuit including residency or health status of the baby, whether there was negligence on part of the parents, and if you choose to birth a second child.

It is important to remember that lawsuits are not filed because someone does not feel their injury was severe. There always has to be another person who is at fault.

There are two types of lawsuits, negligent diagnosis and treatment and intentional acts (outrageous conduct). Whether you were informed about these risks when you gave consent, is often a factor in determining liability.

Also, what we consider “normal” care for our children, may differ from country to country. For example, diagnostic testing for infants can vary significantly between countries. This is due to cultural implications on initial symptoms an infant might have.

For instance, it is considered normal practice in the United States to test an infant with diarrhea by taking the stool into the hospital laboratory. In some countries, people believe that dietary changes should be made before this is done as it relates to the rotavirus.

This article will discuss how healthcare providers protect themselves from legal action related to childhood injuries.

 

What should I know about pediatric malpractice

Medical professionals are at risk for medical negligence every day in their practice. Physicians, nurses, dentists, and other health care providers may be liable for injury caused to patients by acts or failures to act during patient treatment.

In order to start a claim against any doctor or hospital you must understand what constitutes medical malpractice. Generally speaking, it is someone’s failure to properly diagnose or treat a condition resulting in harm to your child.

However, the law varies from state to state. In many states, doctors can be sued directly by her children for injuries inflicted as a result of negligent care.

Other times, parents will bring suit because they suspect that something else has hurt their child. Sometimes, physicians may intentionally cause harm to patients through neglect or intentional misdiagnosis.

These are called “death by delay” or “killing by procrastination.” The phrase comes from the Latin word pro cárte (; meaning, “for the sake of the court”), which refers to an accused person’s trial. It is equivalent to saying that somebody died due to negligence.

 

Will my insurance cover pediatric malpractice

Most private health insurers do not include medical negligence as part of your coverage. However, some policies have special provisions or exceptions for negligent care. If you need help locating the provision in your policy, working with a representation team is an excellent way to get this information.

It is also important to note that even if your insurer does acknowledge liability, they may choose to deny payment entirely. This occurs when they believe someone else was at fault.

To protect yourself from litigation, here are some things you can do to limit your exposure:

Keep doctors aware of any risk factors they might have-this helps put them on notice that maybe something was wrong during their examination. Evidence suggests that making screening more convenient is very effective in promoting it.

Make sure physicians ask questions appropriate to your level of concern. For example, asking about tobacco use is acceptable, but questioning regarding drug usage is not.

Consider having a watchful waiting period to see if symptoms change rather than getting treated right away. A majority of breast cancers could be identified via self screenings after menopause (many recommend annual).

Consider genetic testing, which can detect genes linked to higher cancer risks. Only offer such tests when specialists agree that there is a net benefit for doing so vs. the potential risks.

 

What is “residual liability”

Medical malpractice happens when a doctor or other medical professional injures or kills you because they were negligent, meaning that they did something wrong while providing care. Residual liability occurs when one of their errors resulted in harm then submits a claim against them for those damages.

For instance, say an ambulatory surgery has left your hospitalized after developing complications from anesthesia; it may be due to surgical trauma. If doctors perform the operation without proper ordering tests, prepare the patient, or manage the perioperative period, it may have contributed to the patient's injury.

In this case, the hospital could file a lawsuit claiming the physician was negligent during the procedure. And if the hospital wins its case, they will be able to seek compensation from the physician for their injuries. This type of recovery is called "compensatory"damages.

 

Can I be sued for pediatric malpractice

Yes, you can be liable for damages if you commit any of these violations in caring for your child. Even if you’re not sure whether you violated a specific law during your care of the child, you could still be held accountable if the child died or was seriously injured because of it.

A medical liability insurance policy is one way to protect yourself from litigation. This is a legal protection offered by your insurer that pays out a percentage of any money your are able to collect after a lawsuit is brought against you.

Your insurer takes this payment as a reduction of your liability. There are many different policies available with varying restrictions so check out options carefully.

Other ways to get paid off include taking measures to prevent future lawsuits, such as improving signage at the facility to warn patients about risks related to their condition, or educating staff members about how to recognize signs of danger.