Children's Medical Malpractice



Children's Medical Malpractice

Sacramento Children's Medical Malpractice Attorney - Knowledgeable, Dependable, Compassionate

There are not adequate words to describe how a parent feels when their child is hurt by someone else's negligence or carelessness. When this person is a doctor, a nurse, or a hospital, the emotions are even stronger as these are people who you trust to give the utmost care and concern for your young ones. Medical malpractice that affects a child is particularly devastating and far reaching.

As parents and caregivers, we automatically trust our pediatricians when it comes to any injury or illness suffered by our children. We trust that they will do the best for our children and provide care to the utmost of their ability. When that trust is broken the damages done and scars rendered are long lasting and devastating.

A children's medical malpractice case can result from many different injuries. It could be a birth injury in which the child suffered physical or mental damage because a nurse or doctor failed to adhere to the medical community's standards. It could be a misdiagnosis that leads to cause harm to the child. Whatever the case, if a doctor, nurse or hospital has harmed your child, you will need an attorney who has worked with children and knows how to win these types of medical malpractice lawsuits.

Regrettably, there are medical professionals who do not do everything in their power to provide the required care, and instead deviate from the accepted Medical Standard of Care. Because they are not doing everything in their power to provide the best possible treatment, there is a probability that your child may receive injury or harm, also termed Medical Negligence.

What is Children’s Medical Malpractice?

To understand children’s medical malpractice, it is imperative to appreciate the responsibilities a doctor has to treat their patients using the Medical Standard of Care. This standard has been designated to minimize any added harm to the patient. If a doctor isn’t able to treat the patients to the height of the standards and to the best of their ability, there is unquestionably a chance that the pediatric patient could receive some kind of injury.

Many people tend to think that Medical Negligence and Medical Malpractice is the same thing. They are most assuredly not. Medical Negligence is defined as an act of negligent treatment or an error in treatment by a medical professional to the patient which isn’t a part of the accepted Medical Standard of Care. Medical Malpractice, on the other hand, takes place when this negligent behavior causes undue injury to the patient.

To prove the injury was received due to medical negligence, it must be verified that the medical standard of care given was not the reasonable standard set forth, and in lieu of this subpar care, the patient has suffered some type of injury.

How do you go about proving this?

You are going to require some expert opinions. Start by contacting experts who can provide the obligatory reports which state what the standard of care is in any particular hospital. Also, gather all of the pertinent medical records, which must be reviewed by a medical expert to decide whether or not the injury was indeed caused by receiving this substandard treatment.

In the case of Gabriela Arteaga v. United States of America in United States Court of Appeals for the Seventh Circuit , for the sub-par obstetrics and gynecological treatment causing the birth injuries of her daughter, Ms. Arteaga received a hefty settlement to help pay for her daughter future care.

What many parents do not realize is the long term effects and costs of children’s medical malpractice. Birth injuries, misdiagnosis of childhood illnesses and other instances of medical malpractice are far-reaching both financially and emotionally.

Failure to Diagnosis Cancer and Meningitis

Cancer and meningitis have fatal consequences if left undiagnosed in children. While these conditions do get progressively worse over time, they are treatable if properly diagnosed.

  • Bacterial meningitis: This contamination of the fluid around the spinal cord and brain may go undetected in children, because of its flu-like symptoms. If identified early, it is treatable with antibiotics. Should it be misdiagnosed, the infection will cause brain damage, paralysis, and in many cases, death.
  • Cancer: The earlier doctors are able to identify cancer in a pediatric patient, the greater the chance to recover. However, the costs are devastating when a medical professional fails to detect cancer, erroneously diagnose a patient, or precipitately discharges a pediatric cancer patient.

An Experienced Attorney and a Man Who Loves His Family

As a personal injury attorney with over 30 years of experience, I know how to win medical malpractice cases. As a father of six children, ten grandchildren and one great-grandchild, I know how emotional and trying this time can be for a parent. 

In my experience with children's medical malpractice, I have loved the opportunity to be able to take some of the burden off of the family going through the crisis. I promise to handle your child's case with both determination and compassion.

Call Us For Help - (916) 444-4444

If you have a child who has been injured in a medical malpractice situation, please call Moseley Collins. I am a personal injury attorney serving those badly hurt throughout California. There is no fee to discuss your case and there is no fee unless we win.

Moseley Collins
980 9th St, 16th Floor
Sacramento, CA 95814
Phone: (916) 444-4444
www.moseleycollins.com