Seeing your child ill or in pain is incredibly difficult for any parent. Even more devastating is knowing your child’s suffering happened because of the actions of the medical professionals you turned to for help. Unfortunately, this nightmare scenario is a terrifying reality for many New Jersey parents every year.
When a doctor’s negligence hurts your child, your first job as a parent is to find trustworthy medical care to treat their condition and prevent further harm. The next step? Learning about your legal rights to hold the medical provider responsible.
This blog post will explain how a pediatric malpractice attorney can help New Jersey parents with children suffering from medical negligence. We’ll discuss what pediatric malpractice looks like, legal options under New Jersey law, and the role of an attorney in helping parents get justice for their child’s suffering.
What Is Pediatric Malpractice?
Pediatric malpractice happens when a child is harmed by a healthcare professional’s substandard medical care.
All healthcare providers have a professional and legal duty to treat patients according to the standards in their medical field. When a patient suffers unnecessary injury because of preventable mistakes, carelessness, or inadequate care, they can bring a medical malpractice claim against the healthcare provider responsible.
Medical professionals who treat children have just as much—if not more—responsibility to provide their young patients with a high level of care. Unfortunately, many different pediatric healthcare providers can engage in malpractice, including:
- Primary care pediatricians,
- Neonatal doctors,
- Obstetricians,
- Pediatric nurses,
- Anesthesiologists,
- Pediatric surgeons,
- Pharmacists, and
- Child psychiatrists.
Children’s hospitals, pediatric clinics, and other healthcare organizations treating children can also be liable for pediatric malpractice.
When Do I Need a Pediatric Malpractice Lawyer?
When your child is injured because of substandard medical care, you have the legal right to seek legal representation and file a pediatric malpractice suit on their behalf.
Pediatric malpractice can result from many different kinds of medical negligence, such as delayed diagnosis, unnecessary surgery, insufficient testing, and even simple carelessness.
At O’Connor, Parsons, Lane & Noble, LLC, here are some of the most common types of substandard care our pediatric malpractice attorneys see:
- Birth injuries,
- Medication errors,
- Meningitis diagnosis errors,
- Fetal distress mismanagement,
- Misdiagnosis of appendicitis,
- Post-operative negligence,
- Anesthesia dosage errors, and
- Failure to monitor infant or child patient.
Not every negative outcome of your child’s medical treatment is grounds for pediatric malpractice. Medical malpractice happens when a practitioner doesn’t provide the care expected of a competent professional in their field. Unfortunately, in many cases, patients can still suffer poor outcomes from treatment, even when doctors are working to the best of their abilities.
How Can a Pediatric Malpractice Attorney Help My Child?
The support of a skilled lawyer is vital for protecting your child after an incident of pediatric malpractice. No legal professional can erase the harm you and your family suffered. However, a qualified advocate can help you take action to hold the perpetrators responsible and set your child up for the best possible recovery.
Investigating Malpractice
The skills of a malpractice attorney are essential for identifying and holding accountable the provider responsible for your child’s injury. The party at fault is not always immediately apparent in cases involving treatment from multiple medical professionals, e.g., doctors, nurses, anesthesiologists, the hospital, etc. A seasoned malpractice lawyer can investigate the facts behind your child’s injury, analyze evidence, and determine the party responsible.
Even if you’re unsure whether you have grounds for a malpractice claim, it’s best to consult with an attorney. A pediatric malpractice lawyer can listen to your story, evaluate the situation, and help you understand your rights and options.
Proving Practitioner Negligence
Holding a healthcare provider liable for malpractice requires deep knowledge of complex legal and medical issues. The evidence-gathering skills of an attorney are crucial for building a strong case that meets all of the following legal requirements for proving a provider’s negligence:
- The medical provider owed your child a professional duty of care,
- The medical provider failed to fulfill that duty of care,
- Your child suffered physical or emotional harm, and
- The medical provider’s action or inaction directly caused your child’s harm.
A seasoned malpractice attorney understands how to gather concrete medical and documentary evidence to prove these four elements. Your lawyer can also help find a qualified medical expert who can testify to the level of care your child should have received.
Seeking Compensation
Pediatric malpractice often has devastating financial as well as physical and emotional consequences for victims and their families. A malpractice attorney can fight for you to receive the maximum financial relief New Jersey law offers to help lessen the long-term economic burden of medical negligence. With the help of a legal professional, you can recover compensation for:
- Current medical expenses—hospital bills, surgeries, prescriptions;
- Future medical bills—physical therapy, rehabilitation, follow-up visits, medical equipment, home alterations, and other treatment costs;
- Lost wages—income you lost while caring for your child; and
- Pain and suffering—your child’s physical and psychological harm.
The support of an experienced attorney and their negotiation skills can significantly impact your chances of receiving a fair settlement for your child’s suffering.
Your Dedicated Pediatric Malpractice Lawyers
At O’Connor, Parsons, Lane & Noble, LLC, we know firsthand how betrayed and helpless you feel after seeing your child harmed by someone you trusted. However, you don’t have to bear this burden alone. When medical providers violate the basic duty of their profession, our attorneys are here to ensure their wrongs aren’t overlooked.
The advocates at O’Connor, Parsons, Lane & Noble have over 100 years of combined experience fighting for justice for New Jersey families harmed by careless medical professionals. Our representatives are skilled and compassionate professionals who’ve won millions of dollars in just compensation for our clients.
Contact us today to learn more and schedule a free consultation.
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