DC Pediatric Malpractice Lawyer

What Constitutes Malpractice by a Pediatrician?

When a pediatrician makes a mistake that harms a child, it can qualify as medical malpractice. But not every mistake is considered malpractice. For a malpractice suit to be valid, the pediatrician must have failed to meet the “standard of care.” This means they didn’t act with the same skill, care, and diligence that other pediatricians in similar situations would.

Malpractice occurs when a pediatrician does something—or fails to do something—that another competent pediatrician would have done differently, and this action or inaction results in injury, making it a possible malpractice case.

Types of Pediatric Medical Malpractice

Pediatric malpractice can take a wide range of forms, and each case is unique. In Washington, DC, here are some of the most common types of medical negligence we see in pediatric care:

• Misdiagnosis, Failure, or Delayed Diagnosis: The condition can worsen if a pediatrician misdiagnoses a child’s illness or delays diagnosis. Conditions like appendicitis, meningitis, sepsis, and cancer are especially dangerous if not diagnosed in time.
• Medication Errors: Children require specific dosages based on their weight and age. A miscalculation or failure to prescribe the correct medication can lead to serious side effects, overdoses, or lack of proper treatment.
• Failure to Monitor: Newborns and young children often require close monitoring, especially when dealing with health issues. A medical provider’s failure to monitor a child’s condition can lead to complications that could have been prevented with proper care.
• Negligent Treatment of Chronic Conditions: Conditions like asthma, diabetes, or epilepsy require ongoing care and management. A healthcare provider’s failure to properly treat or monitor these conditions can have life-threatening consequences for the child.

Can You Sue a Pediatrician?

If your child has been harmed due to a pediatrician’s negligence, you might wonder if you can sue. The answer is yes, but certain factors must be present for a viable claim for medical malpractice lawsuits to move forward in the District of Columbia.

• There Must Be a Duty of Care: The pediatrician must have had a duty to care for your child, generally established once they accept the responsibility to treat your child.
• There Was a Breach of Duty: The pediatrician must have failed to provide the medical standard of care that is expected in the situation.
• The Breach Led to Harm: There must be a clear link between the pediatrician’s mistake and your child’s injury.
• There Were Damages: You must prove that the injury caused harm, which could be physical, emotional, or financial (e.g., medical bills, ongoing treatment, therapy, etc.).

While this process may seem complicated, working with an experienced DC pediatric malpractice lawyer will help you. Our Washington, DC medical malpractice lawyers can evaluate your case, gather evidence, and help you understand your legal options.

Additionally, medical malpractice laws in DC have specific requirements. These differ from standard injury claim procedures. DC Code §16-2802 mandates a 90-day notice period. Patients must inform healthcare providers before filing a lawsuit. This notice should include details of the alleged harm and legal basis.

Cases involving children have special considerations. The usual three-year filing deadline may not apply. The DC Code allows for deadline extensions until the child’s 18th birthday. OUr DC pediatric malpractice attorneys can clarify these rules. They can explain how these laws affect individual cases.

Proving Medical Malpractice

Proving that your child’s injury was the result of a healthcare professional’s malpractice is not always easy. It often requires expert testimony from other medical professionals who can explain what the standard of care should have been and how the pediatrician failed to meet it. Additionally, evidence such as medical records, witness statements, and documentation of the child’s injury will be critical in building a strong medical malpractice claim.

Your lawyer will work with medical experts to review all the details of the personal injury claim and establish the link between the pediatrician’s negligence and your child’s injury. This legal process can be time-consuming and complex, but it’s essential for getting the compensation your child deserves.

Compensation for Your Child’s Injuries

If your child was harmed due to pediatric malpractice, you may be entitled to compensation to help cover the costs associated with their injury. This can include:

• Medical Expenses: This covers treatment costs, hospital stays, surgeries, and any other medical care related to the injury.
• Future Medical Costs: If your child requires ongoing care, rehabilitation, or therapy, these future costs can be factored into the compensation.
• Pain and Suffering: Your child and family may be entitled to compensation for the physical pain and emotional distress caused by the injury.
• Loss of Enjoyment of Life: If the injury has a long-term impact on your child’s ability to enjoy everyday activities, this may be considered when determining compensation.

Every case is different, and the amount of compensation will depend on the severity of the injury and its impact on your child’s life.

Schedule a Free Consultation with a Malpractice Lawyer in DC at Regan Zambri Long

If your child has suffered due to a pediatrician’s negligence and is the victim of medical malpractice, don’t wait to take action. With our years of experience in DC medical malpractice, the team at Regan Zambri Long is dedicated to helping families like yours get the justice and compensation they deserve. We understand the emotional and financial toll that medical errors can take on a family, and we’re here to help you with your medical malpractice case every step of the way.

Contact our law firm to schedule a free case evaluation with one of our experienced pediatric medical malpractice lawyers. We’ll listen to your story, evaluate your case, and discuss the best way to move forward to help you fight for your child’s future. Call us today for your free case evaluation.