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Filing a malpractice claim for your child is never a step parents expect to take, and Regan Zambri Long’s Washington, DC medical malpractice lawyers understand how overwhelming that decision can feel. When a child is injured by a medical error, families are suddenly faced with complex questions about responsibility, future care, and long-term impact, all while trying to protect their child’s well-being.
We bring nearly 200 years of combined experience to pediatric medical malpractice cases, with a team that includes an award-winning partner widely regarded as DC’s leading nurse attorney, having previously worked as an obstetrical and neonatal nurse. Our board-certified partners are all rated among Washington’s Top 30 Medical Malpractice Attorneys by Best Lawyers, and we have achieved over $1 billion in personal injury recoveries, including malpractice-related awards for children of $15 million and $8 million. Families point to our approach and communication in more than 100 five-star Google reviews.
Has your child been harmed by medical negligence? Contact Regan Zambri Long today. One of our attorneys will personally get back to you, and we’re available 24 hours a day, 7 days a week. We also front all case costs, so there’s no fee unless we win your case.
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A child under the age of 18 cannot file a lawsuit on their own as it is likely impossible for them to enter into contracts, hire an attorney, or legally sign court documents. However, if a child is a victim of medical malpractice, their parent or guardian can file a lawsuit on their behalf.
Because medical malpractice cases deal with negligence, despite the case being specific to a minor, the child is still entitled to the same forms of benefits an adult over age 18 would receive. However, the court knows that a child is not paying their own medical bills, which means the parents may have a right to the medical compensation awarded on the child’s behalf.
But, the child may be entitled to compensation for their pain and suffering endured, especially if the injury will have long-term implications. In those cases, the funds awarded may go into an account for the child that is not available until they reach the age of 18. Until then, the parent(s) or guardian will manage the damages awarded.
Be aware that if the parents do not file a lawsuit on the child’s behalf, the child will have the opportunity to do so as an adult once they reach the age of 18. Then, the statute of limitations on medical malpractice begins.
The following reviews are the most common forms of medical malpractice impacting children by age group, compiled by the Doctors Company.
It is estimated that 63 percent of medical malpractice injuries occurred during labor and delivery for neonate children. This was followed by:
It is estimated that 63% of medical malpractice injuries occurred during labor and delivery for neonate children. This was followed by:
These birth injuries can be life-altering and even fatal with common injuries including:
For children under the age of one, the most common medical malpractice claims involved misdiagnosis or delay diagnosis errors at 44% of claims.
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Other common medical malpractice claims include:
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Many medical issues present at this age are birth-related.
When children enter at the age of one and older, many facilities seem to have diagnostic issues when treating these patients. This is because some emergency facilities are not specific to children, making the occurrence of incorrect diagnosis or treatment likely. A 2024 national study found that only 17.4% of emergency departments in the United States met criteria for high pediatric readiness, meaning most ERs lack the staffing, equipment, and protocols designed specifically for treating children.
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Delayed or misdiagnosis occurs at the highest frequency in this age group, as many children are unable to communicate their ailments or common illnesses were incorrectly diagnosed when presenting similar symptoms.
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Of these conditions, the most commonly misdiagnosed in children are:
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In the Pediatrics journal, 48% of doctors working with children cited lack of patient medical history and failure to review charts as the leading causes of diagnostic errors.
Much like all other age groups aside from neonates, the most common medical malpractice case was a misdiagnosis or delayed diagnosis. However, in teenagers from ages 10 to 17, this included an incorrect diagnosis of injuries and illnesses such as:
If your child or a child you serve as a legal guardian to suffering injury or prolonged illness as a result of medical negligence at the hands of a healthcare provider, you have the option to file a medical malpractice claim on their behalf.
To file a medical malpractice claim for your child, you may be faced with a two-part filing meaning the first will be in regards to the actual negligence that caused your child’s injuries. This would include damages for things like medical treatment, therapy, medication, etc. This is because there are expenses that likely fall directly on you as the parent.
The second part is about what impacts the child personally and potentially in the long term. This may include compensation for non-economic losses like disfigurement, disability, or pain and suffering.
In many cases, the funds specific to the child’s suffering will be placed in an account that they can directly access after they are 18 years old.
Know that when you are filing a lawsuit on behalf of another such as a minor, you must seek legal representation right away. Likely the insurance companies and at-fault parties will try to mitigate the losses by throwing questions at the parents/guardians such as:
Further, by not seeking out the advice of a medical malpractice attorney, you may miss out on possible compensation for long-term health impacts and quality of life.
We trust doctors and other medical providers to care for patients, especially those who are too young to advocate for themselves. If your child was a victim of medical malpractice and you now are considering seeking legal action, Regan Zambri Long can guide you through the process.
The Washington, DC, Maryland, and Virginia medical malpractice attorneys of Regan Zambri Long will take their decades of experience to ensure that your child’s suffering will be documented and compensated for. No amount of money can stop a child’s suffering, but when a medical error results in a lifetime of treatment, you shouldn’t have to come forward with these costs alone.
Our attorneys will get a full understanding of your case by:
Families also benefit from the depth of experience within our medical malpractice team, including the perspective of partner Jacqueline Colclough. A former obstetrical and neonatal nurse, Jacqueline brings hands-on clinical experience to cases involving birth injuries and pediatric malpractice. That background allows her to closely evaluate fetal monitoring, delivery decisions, neonatal care, and how early medical choices can affect a child’s long-term outcome.
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Jacqueline has played a key role in some of our most significant pediatric malpractice results, including:
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She has been named a Best Lawyer for Medical Malpractice Law in 2024 and 2025. Best Lawyers currently ranks all six Regan Zambri Long partners among the Top 30 Medical Malpractice Plaintiff Lawyers in Washington, DC, with senior partner Patrick Regan has been honored as their Lawyer of the Year for Medical Malpractice Law. All our partners are also listed among America’s 500 Leading Plaintiff Consumer Lawyers by Lawdragon.
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We have secured numerous additional multimillion-dollar medical malpractice recoveries on behalf of injured children, including:
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Please note: If your child’s case involves military medical malpractice, you must file a claim under the Federal Tort Claims Act (FTCA). The FTCA allows military dependents and other non-active duty victims to file a claim with the government for injuries resulting from the negligence of military doctors or other health care providers acting on behalf of the United States.
For a no-obligation, free consultation, contact our firm today by calling 202-960-4596 or filling in our online form.
Have you or your loved one sustained injuries in Washington DC, Maryland or Virginia? Regan Zambri Long PLLC has the best lawyers in the country to analyze your case and answer the questions you may have.
