Medical Malpractice In Pediatric Care

Medical Malpractice In Pediatric Care
Medical Malpractice In Pediatric Care
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Realizing that you are being harmed by medical malpractice can be confusing, frustrating, and scary. You are taught to trust your doctor and other medical professionals. Having to question the care of these professionals is not usually the first thought of patients seeking medical help. 

Medical malpractice, specifically in pediatric care, adds an additional layer of stress to an already stressful situation. It may be challenging for your child to recognize that they are not getting the proper care and medical help. A child is also far more unlikely to advocate for themselves in a circumstance of medical malpractice. 

Recognizing Medical Malpractice In Pediatric Care 

Parents and guardians want the best for their children and to always protect them. Paying attention to your child’s medical treatment and asking your child about their feelings and experiences during medical care can ensure you know whether or not your child is being treated properly. 

As every medical situation is unique to a patient and circumstance, there are numerous ways in which medical malpractice may take place. Medical malpractice can typically be described as either an act of omission or an act of commission. 

Act Of Omission 

An act of omission in terms of medical malpractice means that a medical professional has left out an important action in their patient’s care. Most commonly, this includes a doctor’s misdiagnosis or failure to diagnose a condition. 

In pediatric care, common conditions that are misdiagnosed include:

  • Meningitis
  • Sepsis
  • Appendicitis
  • Childhood cancers
  • Congenital heart defects

The longer it takes for an illness to be diagnosed, the longer a child may suffer from said illness and experience serious long-term health impacts. 

Other infections that are often overlooked (leading to improper treatment) include pneumonia, strep throat, and ear infections. Children are still building their immune systems, so an illness that may not need as early diagnosis or specific care in an adult can have a much more dangerous impact on a child. 

Additionally, birth injuries can be either an act of omission or commission. Acts of omission in birth include medical professional’s failure to monitor the fetus and maternal vital signs, failure to perform a timely cesarean section, and lack of intervention during birth (e.g., breech or umbilical cord prolapse). 

Act Of Commission 

When a medical professional provides improper care to your child, this is considered an act of commission. While omission more commonly occurs in the diagnosis stage of medical care, commission often occurs in the treatment stage. These acts may include prescribing the wrong medication, providing incorrect medication dosage, or being negligent of a child’s unique needs.  

In pediatric care, children may not be aware of their allergies yet, leading to medical errors in overlooking potential allergies or signs of an allergic reaction. 

Additionally, pediatric surgical procedures require more specific care, as children are smaller and still developing. Providing that specialized care during and after surgery is not only expected but necessary for your child’s health. Unfortunately, the specialized attention needed for pediatric surgery is not always provided, which can result in medical malpractice. 

During birth, acts of commission may include:

  • Misusing medical instruments, resulting in birth injuries (e.g., Erb’s palsy)
  • Using excessive force on the mother (which may lead to fractures or brain injuries to the fetus)
  • Administering the wrong medical dosages to the mother
  • Conducting unnecessary procedures during birth

Other forms of negligence may include improper sanitation of medical tools that result in unnecessary (potentially life-threatening) infections or improper monitoring of your child’s health condition. Constant monitoring is needed to avoid future health complications, especially in cases with young children who may not have the vocabulary to advocate for themselves. 

What Should I Do If I Think My Child Is Experiencing Negligent Care?

First and foremost, the safety and health of your child should be prioritized. If medical malpractice is suspected while your child is still under medical care, consider finding a new medical care team. 

Being misdiagnosed, undiagnosed, or mistreated can lead to very serious consequences for your child. Children are still growing and developing, and an error in their medical care so early in life can lead to a lifetime of harm in the future. So, getting your child to the proper care as soon as possible will help protect them from further suffering due to medical malpractice. 

If you think your child may be suffering from medical malpractice, keeping a record of the potential malpractice incidents is crucial. Medical malpractice cases likely mean that the family is dealing with medical bills. You may be entitled to compensation to help pay for these bills and get the justice your child deserves after experiencing medical malpractice. However, to get that compensation, you will need to prove the fault of the medical professional. 

Has Your Child Suffered Due To Medical Malpractice? Bordas & Bordas Is Here To Help

Seeking assistance from an experienced attorney is a good way to have a guide and advocate at your side when building your medical malpractice case. At Bordas & Bordas, our team of lawyers understands how to build a strong case to get the compensation you and your child deserve after experiencing medical malpractice. Our attorneys are committed to helping you to the best of our ability.

Contact us today to learn more about taking legal action over medical malpractice in pediatric care and discuss the details of your case.