When Pediatricians Make Mistakes: Protecting Your Child's Health

Taking your child to a pediatrician should never be a cause for concern. Parents trust pediatricians to provide safe and effective care for their children. Unfortunately, medical mistakes can happen, and those mistakes can seriously harm your child. If you’re facing this situation, a DC pediatric malpractice lawyer can help protect your child’s rights. If your child was injured due to a pediatrician’s malpractice, you may have the right to take legal action.

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What Constitutes Malpractice by a Pediatrician in DC?

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.

If you suspect your child suffered harm due to medical negligence, call a DC medical malpractice attorney from Regan Zambri Long.

What Is Pediatric Care?

According to the American Academy of Pediatrics (AAP), “Pediatrics is the specialty of medical science concerned with the physical, mental, and social health of children from birth to young adulthood…care encompasses a broad spectrum of health services ranging from preventive health care to the diagnosis and treatment of acute and chronic diseases.”

Most medical providers say pediatric care begins in gestation and ends in young adulthood. The age ranges associated with pediatric care include:

  • Infancy: Between birth and 2 years of age
  • Childhood: 2 to 12 years of age
  • Adolescence: 12 to 21 years of age

An older age may be permitted under pediatric care when a child has special healthcare needs.

If your child was harmed during pediatric care, you may have legal rights. A DC pediatric medical malpractice lawyer from Regan Zambri Long can guide you through the legal process.

DC pediatric malpractice attorney

Types of Pediatric Medical Malpractice in Washington, DC

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.

Not all medical mistakes constitute malpractice, but when negligence is involved, you need a legal team you can trust. Call a DC pediatric medical malpractice attorney from Regan Zambri Long for a no-obligation, free consultation to learn if you have a legal claim.

Can You Sue a Pediatrician in Washington, DC?

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 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.).

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.

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

Proving Pediatric Malpractice in Washington, DC

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 medical malpractice 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.

Signs of DC Pediatric Malpractice

Unless you’re a medical provider, you may find it challenging to distinguish when medical malpractice occurs. However, there are certain elements you should be mindful of in your child’s care, which can be signs of pediatric malpractice.

  • Diagnosis is often delayed or missed. Some conditions can be hard to pinpoint right away. But if you find that your child’s doctor is frequently providing inaccurate diagnoses, you may have a claim for malpractice if the delay is causing your child further harm. Another provider would have determined the ailment sooner.
  • Unexplained complications. All treatments, even the most minor, come with risks. But you must seek counsel when unexplained complications arise in your child’s care, or you feel it should never have happened.
  • Lack of monitoring during treatment. Whether your child suffered an injury or an illness, you hope your child’s care provider will provide adequate monitoring to ensure your child’s health is progressing in the right direction. But when there is a lack of monitoring, and something goes wrong, you have rights.
  • Medication errors. We often think of medication errors only happening to adults on multiple prescriptions; however, they often happen to children, too. Medication errors can occur when an incorrect dosage is given, side effects are not disclosed, or a drug interaction occurs, causing your child more harm than good.
  • Delays in referrals. Sometimes, your child’s main doctor may not have all the answers, and that’s okay. But you may have a malpractice claim when that provider fails to send your child for a second opinion or a referral to a specialist.

Pediatric malpractice claims are challenging. If you suspect negligence in your child’s care, consult with a trusted DC pediatric medical malpractice attorney from Regan Zambri Long.

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. To secure maximum compensation, call a pediatric medical malpractice lawyer today.

Washington DC Pediatric Malpractice Lawyer FAQ

What Is the Difference Between Adult Malpractice Vs. Pediatric Malpractice?

Caring for a child compared to an adult is different by every means. Health issues may present differently in a five-year-old compared to a 35-year-old or even a 95-year-old. Because the primary focus for pediatricians is to account for a child’s emotional and physical well-being while being aware of their overall growth and development, the standard of care is different compared to a general practitioner who cares for adults.

Knowing this, how pediatric versus adult malpractice suits are handled is also different. A child may not have the communication skills to articulate when something is wrong, so it is up to the parents/caregivers and, in some cases, a team of medical providers to address the issues. When a pediatrician or other child healthcare provider fails to do so and a child becomes sicker, there may be a case of negligent care.

What Are Common Medical Diagnoses Linked to Pediatric Medical Malpractice?

When it comes to your child’s health, you want to ensure no stone is left unturned when they are unwell. However, when the medical provider you expected to help your child ends up harming them, you have rights. Some medical diagnoses are more commonly linked to medical malpractice than others. They include:

  • Cerebral palsy
  • Hypoxic-ischemic encephalopathy (HIE)
  • Brachial plexus injuries
  • Shoulder dystocia

Can a Pediatric Malpractice Lawyer Handle My Birth Injury Claim?

Birth injuries are a rare but devastating reality in the healthcare system. While some are unavoidable, others result from negligent care by your medical team. Be it during the prenatal process, labor, or post-delivery, birth is a traumatic experience even when everything goes right. But when it doesn’t, you and your newborn deserve justice.

What Should I Do If I Suspect Pediatric Malpractice?

If you are concerned that your child’s health is in jeopardy because of inadequate medical care, you may have a pediatric malpractice claim. If you suspect malpractice, there are steps you should take to preserve your case:

  • Seek medical care from a new provider.
  • Secure copies of medical records.
  • Keep a log, journal, or record of your child’s experiences. Include as much detail as possible.

Who’s the Best Attorney for Pediatric Malpractice in DC? Regan Zambri Long.

Our children deserve the best medical care possible. But when negligent healthcare providers fail to act within the standard of care, your family deserves justice.

For over three decades, the personal injury attorneys of Regan Zambri Long have fought for the rights of children and their families harmed in the medical system due to negligence. With a track record of securing multimillion-dollar settlements, verdicts, and connections to the best medical experts in the DC Metropolitan area, let us fight for you.

For a no-obligation, free consultation, call the DC pediatric malpractice lawyers of Regan Zambri Long.

Contact Our DC Pediatric Malpractice Attorneys Today

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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.

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