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There’s no place parents feel more vulnerable than in the emergency room. When your child is hurt or sick, all you want to do is comfort them. That becomes nearly impossible in the ER as doctors and nurses rush in and out to treat your little one. While some ER staff go out of their way to carefully treat and comfort patients, they are sometimes overwhelmed or burnt out to the point that they deliver substandard medical care.
Emergency room malpractice in children can lead to life-threatening medical complications. What can parents do to protect their children while in the ER, and what should they watch for that may indicate a practitioner is giving their child poor-quality care? Below, we discuss medical negligence in these settings and when you should consult a medical malpractice attorney.
Why Are Pediatric Patients More Vulnerable to Errors in the ER?
Children’s unique physiology makes them more than small versions of adults. Children’s bodies respond differently to trauma and certain illnesses, which is why, in general medicine, you have adult primary care doctors and pediatric doctors. Pediatricians specialize in diagnosing and treating conditions that affect children and have more in-depth knowledge and training in pediatric anatomy and physiology. Emergency room doctors do not necessarily have this level of understanding regarding pediatric patients, which can make children more vulnerable to errors in the ER.
Another reason pediatric patients may be more vulnerable to medical errors in the ER is that many emergency facilities are fully supplied with tools to treat adult patients. Smaller patients have smaller airways and blood vessels that may require specialized tools.
Challenges communicating with children, understanding symptoms or medical history, and the rapidly changing nature of pediatric trauma responses in the body leave younger patients exposed to potential malpractice.
What Common ER Mistakes May Lead to Pediatric Malpractice Claims?
Pediatric medical malpractice occurs when a practitioner provides substandard medical care or deviates from the acceptable standard of patient care while treating a child. In essence, if a healthcare provider fails to do something that other medical providers in the same specialty area would do under similar circumstances, you may have grounds for a pediatric medical malpractice claim.
Some of the most common mistakes that can lead to serious complications and ER negligence in children include the following:
- Misdiagnosis or failure to diagnose severe conditions
- Delayed diagnosis, treatment, or failure to order necessary tests
- Medication errors or incorrect dosages
- Failure to monitor a child’s vital signs
- Birth injuries
If you suspect your healthcare providers acted negligently in treating your child’s condition, contact an experienced attorney to seek legal advice.
Warning Signs Parents Should Watch For
If you are concerned about whether your child received proper medical care in the ER, trust your parental instincts. Observe and look for these warning signs of medical malpractice:
- Dismissive or rushed medical evaluations
- Unexplained worsening of symptoms after ER care
- Inconsistent communication or missing test results
- Lack of follow-up instructions or discharge guidance
Keep your child’s medical records, and request a second medical opinion to ensure your child receives the medical treatment they need.
How Do Pediatric ER Malpractice Claims Differ from Adult Cases in Indiana?
There are a few key differences in adult versus pediatric malpractice claims. First is the statute of limitations. Generally, adults have two years from the date of injury or reasonable discovery of the injury to file a medical malpractice lawsuit. However, children under six, including newborns, have until their eighth birthday. Claims and medical malpractice lawsuits can be brought on behalf of a child by a parent or legal guardian.
The value of a case may also differ depending on the severity of the child’s injuries since some injuries may affect learning, development, and the ability to generate an income as an adult.
A Pediatric Emergency Room Malpractice Lawyer Can Help
If you suspect ER negligence or pediatric medical malpractice has injured your child, it is time to discuss your fears with a knowledgeable and compassionate child ER malpractice lawyer. At the Law Office of Kelley J. Johnson, our malpractice team wants to help you recover fair compensation for your family.
Contact our office today to set up a free consultation.
