Medical Malpractice and Children: Protecting Indiana's Youngest Patients

Do you know or suspect a healthcare provider’s mistake seriously harmed your child? Maybe your baby suffered a birth injury or a doctor made an incorrect diagnosis that delayed treatment. If you’re seeing new health problems and suspect something went wrong, now is the time to get answers.

Kelley Johnson focuses her law practice entirely on medical negligence. She has years of experience handling pediatric malpractice claims, including cases involving cerebral palsy, brachial plexus injuries, surgical errors, and medication overdoses. Kelley and her team know how to take cases through the Indiana medical review panel process and how to deal with the Patient’s Compensation Fund.

If you want to know whether you have a pediatric malpractice case, contact our Indiana pediatric medical malpractice lawyers from the Law Office of Kelley J. Johnson for a free case review. She and her team can walk you through your next steps.

Understanding Pediatric Medical Malpractice

Pediatric medical malpractice happens when a doctor, nurse, or other healthcare provider makes a mistake while treating a child, and that mistake causes harm.

If you wish to take legal action in Indiana for medical malpractice that caused your child’s injury, you must show that the provider failed to follow accepted medical standards for children’s care. A bad healthcare outcome alone does not count as malpractice. There must be proof that the provider acted in a way that most other providers would not have under the circumstances.

Some common mistakes in pediatric care include incorrect diagnoses, delayed diagnoses, and medication errors. For example, a doctor might miss signs of an infection or cancer and cause treatment delays as a result. Because children’s needs differ from adults, these types of mistakes can cause severe problems if providers do not catch and correct them quickly.

How Can a Pediatric Malpractice Attorney Help You?

Filing an Indiana pediatric medical malpractice claim can feel overwhelming, especially when you’re trying to focus on your child’s health and recovery. These cases involve meeting strict deadlines, collecting detailed records, and providing strong evidence. You might also need to deal with medical review panels and court rules that are difficult to understand without legal training. A child medical malpractice lawyer can take on many of these tasks for you.

The following are some ways an Indiana medical malpractice attorney can help you move forward with your claim and protect your child’s interests:

• Reviewing your child’s medical records to find possible errors
• Gathering opinions from qualified medical professionals
• Preparing and filing the complaint with the Indiana Department of Insurance
• Meeting deadlines under Indiana’s medical malpractice laws
• Requesting the formation of a medical review panel
• Handling communication with insurance companies and defense lawyers
• Responding to arguments made by the healthcare provider
• Collecting records, test results, and bills that support your claim
• Making sure the claim includes all possible types of damages
• Preparing for mediation or settlement discussions
• Taking the case to court if a fair settlement is not possible
• Never charging you anything unless they recover compensation for your case

Common Types of Medical Malpractice Affecting Children

If a doctor or nurse makes a serious mistake while treating a child, the results can affect the child for life. Pediatric patients often need special care based on their age, weight, and condition. If a provider doesn’t follow the right steps or delays treatment, the child can suffer preventable harm.

The following are some common examples of problems that can lead to a pediatric medical malpractice claim:

• Birth Injuries – Mistakes during labor or delivery can cause long-term harm to a newborn. Some children develop cerebral palsy because of a lack of oxygen, while others can suffer brachial plexus injuries if providers pull too hard on the shoulders during birth.
• Misdiagnosis or Delayed Diagnosis – Some doctors cause unnecessary harm when they miss warning signs of serious illnesses in pediatric patients. A delayed or incorrect diagnosis can stop a child from getting the care they need when it matters most.
• Surgical Errors – Surgeons sometimes operate on the wrong area, leave tools behind, or injure nearby organs. Even with planned procedures, children face serious risks if surgical teams do not follow the correct safety steps.
• Medication Mistakes – Dosing errors can happen if healthcare providers fail to adjust medication amounts based on a child’s weight or age. Giving the wrong medicine or an incorrect dose can easily lead to injury or even death.
• Failure to Monitor or Treat – After a procedure or diagnosis, providers must track the child’s condition and respond to changes. If they ignore signs of infection, trouble breathing, or pain, the child’s condition can worsen rapidly.

What Are the Steps to Take If Pediatric Malpractice Is Suspected?

If you think a provider caused your child harm, you might feel blindsided and unsure about what to do next. Here are some steps you can take to protect your child’s health and your legal options:

• Get your child a second opinion from another qualified healthcare provider.
• Ask for and keep copies of your child’s complete medical records.
• Write down the names of all doctors, nurses, and facilities involved in your child’s care.
• Take notes about what happened, including dates, symptoms, and what providers said.
• Save all bills, test results, prescriptions, and other records related to your child’s treatment.
• Avoid signing any settlement or release forms without legal advice.
• Speak with a pediatric medical malpractice lawyer to review your situation.

How Indiana Law Protects Young Patients

Indiana law gives young patients extra time to bring medical malpractice claims. In most cases, you must file a claim within two years of the date the medical provider made the mistake. However, if the child was under six when the malpractice happened, the filing window extends until the child’s eighth birthday. This gives families more time to spot signs of harm that might not have shown up right away.

Indiana law also requires court approval for any medical malpractice settlement involving children. The courts review these agreements to make sure they protect the child’s best interest. If the child receives more than $10,000 from a settlement, the court may require a guardian to manage the money or could order the funds to be placed in a restricted account.

These rules aim to give children and their families the best chance of recovering fair compensation and planning for future care after a serious medical error.

Contact a Pediatric Malpractice Team in Indiana

If you believe a medical provider’s mistake harmed your child, don’t wait to get legal advice. Indiana law sets strict deadlines for filing a claim, and key evidence can disappear over time. Contact the Law Office of Kelley J. Johnson today for your free claim review with an experienced malpractice team.