Our experienced medical negligence attorneys handle pediatric lawsuits. These are medical malpractice cases for children ranging from newborns to teenagers.
Medical errors in the treatment of a child have a profound negative affect over a lifetime.
If your child was harmed by a medical mistake, you need an experienced pediatric malpractice lawsuit lawyer in your corner.
The attorneys at Buckfire & Buckfire, P.C. have the skill to win your case.
- Medical malpractice cases involving children
- Types of medical malpractice pediatric cases
- Common injuries caused by pediatric malpractice
- How much are pediatric malpractice settlements?
- Pediatric medical malpractice statute of limitations
Award-Winning Medical Malpractice Lawyers for Children
- U.S. News & World Report Best Law Firms
- The Best Lawyers in America
- The National Trial Lawyers – Top 100 Trial Lawyers
- Multi-Million Dollars Advocate Society
- Super Lawyers
The lawyer you choose is the difference between winning a great settlement or nothing. Make the smart choice and hire our award-winning legal team for your child’s case.
Medical Malpractice Cases Involving a Child
When a child is the victim of a medical mistake, the consequences are often devastating.
Pediatric malpractice lawsuits are filed for essentially three different age ranges. These are:
- Neonate: Less than one money old
- First Year: 1 month through 11 months
- Child: 1 year through 9 years old
- Teenager: 10 years old through age 17
The type of malpractice claims and frequency of claim varies for each age range.
For example, lawsuits for patients in their first year of life usually involve a claim related to obstetrical treatment.
Cases for older children typically involve claims for misdiagnosis, surgical treatment, and anesthesia.
What are Some Types Pediatric Medical Malpractice Claims?
There is a wide range of medical negligence cases involving children. These range from errors during labor and delivery that cause cerebral palsy or shoulder dystocia.
Other mistakes are made during childhood adolescence.
A large number of cases involve a medical misdiagnosis or the failure the properly diagnose a serious medical condition. The most common claims include:
- Birth injuries, like cerebral palsy and shoulder dystocia
- Infant Jaundice
- Respiratory problems
- Different types of cancer
- Developmental Hip Dysplasia (DDH)
- Bowel obstructions
- Juvenile diabetes
- Transverse myelitis and infections of the brain and spine
- Urinary tract infections
- Medication errors, involving too much or too little medication
Finally, a large number of claims involve surgery errors, as well as mistakes with anesthesia during a surgical procedure. These acts of negligence can cause permanent disability and even death.
Common Injuries Caused by Pediatric Malpractice
The harm caused by a medical mistake involving a child can be devastating. They often result in health issues that either shorten the child’s lifespan or affect he child over a lifetime. Common injuries are:
- Brain damage
- Paralysis, paraplegia, and quadriplegia
- Damage to the heart, lungs, and internal organs
- Vision problems, including blindness
- Hearing problems, resulting in deafness
- Speech and language impairments
- Poor motor skills and coordination
In the worst scenario, the malpractice can cause the death of a child. All of these injuries are devastating to both the child and family.
The pie chart below shows the main contributing factors leading to pediatric malpractice claims in ages 1-9 from 2008-2017.
Patient assessment issues and bad communication were responsible for more than half of all contributing factors.
Approximately 30.5% of contributing factors were related to selection and management of therapy and technical performance. This means either the wrong treatment used or there was physician error in the performance of a test or procedure. 18.4% of claims were directly related to patient factors.
Who Can You Sue in a Child Medical Malpractice Lawsuit?
You can sue any doctor, nurse, or other medical provider that committed medial malpractice.
Cases are filed against an OB/GYN, pediatrician, surgeon, physician assistant, nurse, or lab technician.
To file a case, it must be proven that there was a medical mistake that caused harm to the child. A bad result or accepted risk of complication is not enough to file a lawsuit.
Our pediatric medical malpractice lawyers will get all of your child’s medical records and review them in house.
We will then consult with nationally respected medical experts to discuss the case.
If the physician experts determine there is a case for medical negligence, we will file a lawsuit for your child.
How Much are Pediatric Malpractice Settlements?
Malpractice cases involving child patients can result in significant settlement awards. This is often because the harm caused to the child will last for a lifetime.
In addition to compensation for pain and suffering and psychological damages, settlements include economic damages.
It is the economic losses over a child’s lifetime that for the basis of a high settlement.
Our lawyers often hire economists to project the loss of income over a child’s lifetime.
We also hire life care planners to determine the medical, educational, and housing costs needed over a lifetime due to injuries caused by medical malpractice. These settlement amount numbers get very large because of the long lifespan of the child.
In many cases, we also demand compensation for the parents and family.
Many parents must quit their jobs or even change careers to care for their disabled or ill child.
Settlements can include payment to compensate the parents for past, present, and future losses.
Example of a Child Medical Malpractice Case
A pediatric patient underwent a surgical procedure. After the surgery, the child suffered airway loss that was not promptly and properly treated.
As a result, the child suffered significant permanent brain damage.
The child’s parents filed a claim against the negligent doctor and medical center. The case demanded compensation for the child’s permanent neurological injuries, medical expenses, and cost of future care.
There was also a claim for loss of future earnings. The case resulted in a settlement of $7.45 million, which included compensation for the parents.
How Long Does a Child Have to File a Lawsuit?
The statute of limitations for malpractice cases involving a child is different than for adult medical negligence cases in Michigan.
If a child is under eight (8) years old and was injured around the time of birth, a claim may be filed within two years of the incident or by the child’s 10th birthday — whichever time period is longer.
If the child is eight (8) years or older, the standard two-year statute of limitations applies to the case. This means that the lawsuit must be filed within two years of the date of malpractice.
These deadlines can be confusing. It is important to contact an experienced birth injury attorney immediately to avoid missing the time to file your case.
Contact Our Michigan Medical Malpractice Lawyers for Children
If your child was harmed by a medical error, contact our top-rated attorneys right now.
We will listen to your story and tell you if we can help. If you have a case, we will start working on it immediately.
And, we do not charge any legal fees unless your child wins a settlement. We pay all case costs and it costs you nothing to get started. Contact us now to get started.
Our sincere thanks and gratitude to Randy Blau and the staff at Buckfire and Buckfire. They have stood behind us for the last four years after our daughter passed away and helped us gain some sense of justice after such a tragic loss. We could not have sought the justice we needed without them. From the very first time, we contacted them, they have been very helpful and compassionate through the entire process. Thank you again.
I would highly recommend the law firm of Buckfire & Buckfire, P.C. to anyone considering pursuing a medical malpractice case. They proved to be Michigan’s top-rated medical malpractice lawyers.
I would highly recommend the law firm of Buckfire & Buckfire, P.C. to the parents of any injured children to anyone searching for a top medical malpractice lawyer in Michigan.
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