Medical malpractice involving children is a profoundly distressing situation for families. In Maryland, when medical negligence causes harm to a child, parents or guardians have the right to seek compensation. Pediatric malpractice cases are particularly complex, as they involve not only legal and medical challenges but also emotional and financial strain. This article provides a comprehensive guide on how to pursue compensation for pediatric malpractice in Maryland and protect your child’s future.

Understanding Pediatric Malpractice

Pediatric malpractice occurs when a healthcare provider’s negligence or failure to meet the standard of care leads to injury, illness, or harm to a child. This can include errors made during childbirth, misdiagnosis, delayed diagnosis, medication errors, surgical mistakes, or failure to recognize symptoms of serious conditions. Unlike adult malpractice cases, pediatric malpractice requires additional considerations because children may not be able to articulate their symptoms, and the long-term effects of an injury may not manifest until years later.

Common Examples of Pediatric Malpractice

There are various ways pediatric malpractice can occur, including:

• Birth Injuries: Mistakes during labor and delivery, such as failing to perform a timely C-section, can result in permanent conditions like cerebral palsy or Erb’s palsy.
• Misdiagnosis Or Delayed Diagnosis: Failing to diagnose conditions like meningitis, appendicitis, or congenital heart defects can have devastating consequences.
• Medication Errors: Children are more sensitive to medications, and even minor dosage errors can cause serious harm.
• Surgical Mistakes: Errors during surgery, including operating on the wrong body part or leaving surgical tools inside the patient, can have life-altering effects.

Recognizing these issues early is critical to building a strong malpractice claim.

Steps To Take If You Suspect Pediatric Malpractice

If you suspect that your child’s injury or illness is the result of medical negligence, it is essential to act quickly and thoughtfully. The following steps can help you navigate this difficult process:

1. Seek Immediate Medical Attention: Ensure your child receives the care they need to prevent further harm. If possible, seek a second opinion from a different medical provider to verify the original diagnosis and treatment plan.
2. Document Everything: Keep detailed records of all medical appointments, diagnoses, treatments, prescriptions, and communications with healthcare providers. Take photos of visible injuries and maintain copies of medical records and bills.
3. Consult With a Medical Malpractice Attorney: Pediatric malpractice cases are complex and require specialized legal expertise. A skilled attorney can help you determine whether negligence occurred and guide you through the legal process.
4. File A Claim Within Maryland’s Statute Of Limitations: In Maryland, the statute of limitations for medical malpractice claims is generally five years from the date of injury or three years from the date the injury was discovered, whichever comes first. For minors, this timeframe may be extended, but it is important to act promptly to protect your rights.

Proving Pediatric Malpractice

To successfully pursue a pediatric malpractice claim, you must establish the following elements:

1. Duty Of Care: Show that the healthcare provider owed a duty of care to your child. This is generally established by the existence of a doctor-patient relationship.
2. Breach Of Duty: Prove that the provider’s actions deviated from the accepted standard of care for a similarly trained professional under similar circumstances.
3. Causation: Demonstrate that the provider’s breach of duty directly caused your child’s injury or harm. This often requires expert testimony from medical professionals.
4. Damages: Provide evidence of the harm your child suffered, including physical injuries, emotional trauma, and financial losses. Damages may also include future medical expenses and reduced quality of life.

An experienced attorney will work with medical experts to build a compelling case on your behalf.

The Role of Expert Testimony in Pediatric Malpractice Cases

Expert testimony is critical in pediatric malpractice cases. Maryland law requires that an expert in the relevant field provide a Certificate of Merit, stating that the defendant’s actions breached the standard of care. This certificate must be filed within 90 days of initiating the lawsuit.

Additionally, expert witnesses may be called upon to explain complex medical concepts to the court, establish the standard of care, and provide opinions on how the provider’s actions caused your child’s injury. Without strong expert testimony, it is challenging to succeed in a malpractice claim.

Compensation Available for Pediatric Malpractice

If your pediatric malpractice claim is successful, you may be entitled to compensation for:

• Medical Expenses: This includes past and future costs of treatment, surgeries, medications, therapy, and any specialized care your child may require.
• Pain And Suffering: Compensation for your child’s physical pain, emotional distress, and diminished quality of life.
• Lost Earning Capacity: If the injury affects your child’s ability to work or earn a living in the future, you may recover damages for lost earning potential.
• Other Economic and Non-Economic Damages: This can include costs for adaptive equipment, home modifications, or counseling services.

Maryland imposes a cap on non-economic damages, which increases annually. An experienced attorney can help you calculate the full value of your claim to ensure fair compensation.

Challenges In Pediatric Malpractice Cases

Pediatric malpractice cases can be particularly challenging due to:

• The Complexity Of Medical Evidence: Establishing causation and damages often requires extensive medical records, expert testimony, and specialized knowledge.
• Long-Term Impacts: Children may face lifelong consequences from a malpractice injury, making it difficult to predict future medical needs and costs.
• Insurance Company Resistance: Hospitals and providers’ insurers may aggressively defend against malpractice claims to minimize their liability.

Despite these challenges, with the right legal representation, families can navigate the legal system and secure the compensation their child deserves.

Maryland Pediatric Malpractice Lawyer

If you believe your child has been harmed due to pediatric malpractice, you don’t have to face this battle alone. At D’Amore Personal Injury Law, LLC, our pediatric malpractice lawyers understand the pain and uncertainty that families experience in these situations. Our dedicated team of Maryland medical malpractice attorneys is here to help you pursue justice and compensation for your child.

Contact D’Amore Personal Injury Law, LLC by calling (410) 846-0284 or contacting us online for a consultation. Our compassionate attorneys will review your case, explain your legal options, and work tirelessly to protect your family’s rights. Let us help you hold negligent healthcare providers accountable and secure the resources your child needs to thrive.