Proving medical malpractice on a minor

Medical malpractice can have devastating effects, especially when it occurs in the lives of children. A physician's lack of proper medical care can lead to serious issues for children throughout their lives.

Thankfully, a successful medical malpractice claim can help to alleviate some of the financial burden. In order to have a successful claim it is critical that the claimant be able to prove the case; in such efforts, there are a few things to keep in mind.

Classification

It is important to know what classifies a case as medical malpractice. There are some situations where the medical issue is not preventable. In such instances, a malpractice suit would not stand. For the claim to stick, claimants must be able to show that the physician made a medical error. There are certain situations that should never happen and are definite medical errors, such as the following:

  • Treating the wrong patient
  • Administering the wrong medication or dosage
  • Utilizing an improper treatment

These types of instances are clear mistakes. However, there are other cases that are not so obvious. It may be possible to prove, but it may require additional work.

Standard of care

In part, negligence is determined according to the standard of care. Especially in the medical field, there are specific standard of care guidelines that medical professionals must uphold. When they steer away from these expectations, they run the risk of causing unnecessary damage, which is negligent on their part. Therefore, it is important for a claimant to understand the standard of care that the physician should have held during the procedure and have evidence to show where the physician did not meet it. 

Proper evidence

Evidence is key to any claim. Medical records and expert witness testimony are common forms of evidence that help support malpractice cases.

The process of identifying malpractice is complex, so any parent whose child has suffered an adverse medical event should consider consulting with a knowledgeable attorney to determine the best course of action.

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