Medical errors and negligence have a serious impact on your child’s quality of life. Parents trust healthcare professionals to provide the best possible care to their children. Pediatricians, nurses, anesthesiologists, radiologists, and other medical staff can cause life-altering consequences to children in instances of medical malpractice.
The most common claim in pediatric medical malpractice lawsuits is diagnosis-related: failure to diagnose, delay in diagnosis, or wrong diagnosis. These types of mistakes can cause a patient to suffer chronic pain, serious infection, loss of limbs, paralysis, or even death.
If suspect your child has suffered pediatric medical malpractice, time is of the essence. You should first seek prompt medical attention for your child. Once you have obtained proper medical care, you should contact an experienced pediatric medical malpractice attorney. For over 15 years, attorney Kelley J. Johnson has represented children who have received negligent medical care. She understands the complexity of these types of lawsuits and can evaluate your case and discuss your legal rights.
Pediatric Medical Malpractice Types:
- Failure, delay, or misdiagnosis
- Failure to diagnose appendicitis
- Failure to diagnose meningitis
- Failure to diagnose Monteggia fracture
- Failure to diagnose dislocated elbow
- Failure to diagnose congenital deformity of hip
- Medication errors
- Torsion of testis
A study by the American Academy of Pediatrics found that patient safety problems for hospitalized children occur frequently and calls for additional research to understand the total impact medical errors make on the lives of these vulnerable children.
How Pediatric Medical Malpractice Lawsuits Work
Similar to medical malpractice lawsuits for adults, cases involving children are subject to the Indiana statute of limitations. The statute of limitations for a medical malpractice lawsuit involving a child states varies based on the age of the child when the malpractice occurred. If your child was under the age of six, you may only have until their eighth birthday to file a lawsuit. If your child was over the age of six when the malpractice occurred, you may only have two years from the date of the incident to file a lawsuit. If you suspect your child was injured due to medical malpractice, it is best to consult an experienced attorney who can evaluate your claim and explain your legal rights.
Once a medical malpractice claim is filed, the case will be submitted to the Indiana Department of Insurance medical review board. The board is comprised of three medical professionals who will review the hospital and/or medical records of your child and render an opinion about the medical attention your child received. The board will look for instances of negligence and failure to uphold the standard of care that a physician owes its patient. These findings are then used in settlement negotiations or in trial if the two parties are unable to come to an agreement outside of court.
Compensation for pediatric medical malpractice lawsuits
Every lawsuit is unique. The value of a pediatric medical malpractice case is complex to calculate. Parents seeking compensation for their child’s injuries should consult with an experienced pediatric medical malpractice attorney who will work to maximize the value of the claim and will be prepared to take the case to trial if negotiations break down. Kelley J. Johnson has over 15 years of trial experience and has handled a variety of medical malpractice claims involving adults and children. Contact Kelley now to discuss your case.
If you believe you or your loved one are a victim of medical malpractice, you need the experience of one of Indiana’s top medical malpractice trial attorney.
More about Kelley J. Johnson
Kelley was born and raised in a large family of 7, living throughout the state Indiana, from South Bend to southern Indiana, spending the majority of her childhood on a rural farm in Warrick County. She earned her undergraduate degree from Purdue University and her law degree from Indiana University McKinney School of Law in Indianapolis.
She is admitted to practice in the state of Indiana, the Southern District and Northern District federal courts and the Seventh Circuit federal appellate court. Kelley has spent nearly 15 years as a litigator with a well-respected Indianapolis plaintiff’s firm where she focused her practice on medical malpractice.