Children are Not Small Adults When it Comes to Medical Care
Babies and kids are, by definition, not adults. Their growing bodies and minds require nurturing from head to toe, spiritually, cognitively, physically, and nutritionally. When it comes to medical care, the same is true: Children are not adults, and their special needs must always be recognized by medical care professionals.
Young children and infants cannot express their medical issues to doctors in the same ways that adults can. A child who is in need of medical care may not be able to speak at all, or may have trouble properly describing how they are feeling. Because doctors cannot rely on verbal explanations from young patients, they must be acutely aware of the signs and symptoms of injury and illness. Medical professionals who fail to be aware of these limitations and exhibit this level of care when treating children can endanger their patients.
If your child has been injured or fallen ill while receiving medical care, contact The Haynes Firm today. Our medical malpractice lawyers will work to hold the people responsible for your child’s injuries accountable for their negligence.
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Common Pediatric Emergencies
The medical needs of children are unique in multiple ways. There are some medical emergencies that are more common in children that adults, or are more commonly associated with pediatric medicine.
Some of the most common pediatric medical emergencies may include:
- Infections (such as meningitis)
- High fever
- Respiratory distress
- Acute abdominal pain
- Accidental overdose
- Seizures
The Responsibility of Medical Professionals to Protect Children
Medical professionals must be vigilant in recognizing signs of potential critical illness in children.
Hospitals providing pediatric emergency care must have plans in place to treat anticipated pediatric emergencies, and all medical providers who will be providing pediatric care must be properly trained to recognize signs and put the plan into action.
Attorneys handling these cases must also be accustomed to the peculiar features of pediatric medical malpractice cases because, as the saying goes: “Children are not just smaller adults.”
What Are Some Examples of Pediatric Medical Malpractice?
Pediatric malpractice covers a range of issues that can seriously impact a child’s health, safety, and future development. Some common types of pediatric medical malpractice include:
- Misdiagnosis or Delayed Diagnosis. Conditions like meningitis, sepsis, and congenital heart defects are sometimes missed or diagnosed too late. This can lead to delayed treatment and the potential for long-term or even fatal complications.
- Medication Errors. Pediatric dosing requires precise calculations based on a child’s age, weight, and more. Medication errors can lead to harmful overdoses or ineffective treatment.
- Surgical Mistakes. Errors during pediatric surgery—such as operating on the wrong site or damaging site-adjacent tissues and organs—can result in severe complications. Pediatric surgical mistakes may also result in death.
- Failure to Monitor or Follow-Up. Failing to monitor vital signs or follow up on test results when diagnosing pediatric conditions can result in serious harm. So too can failing to respond to signs of distress, infection, or any other condition that could result in complications.
- Improper Treatment. Administering the wrong treatment to a child can be deadly. Mismanagement of disorders, such as autism or ADHD can also hinder proper development and hurt a child’s prospects and quality of life.
Pediatric medical negligence may come in many forms, but it often has lasting effects on the children and families forced to deal with its consequences. If your child was injured by a negligent doctor, nurse, or healthcare provider, having an experienced attorney on your side can help to protect your rights.
The Johnson City pediatric malpractice lawyers at The Haynes Firm have decades of experience helping families seek justice. We are here to listen to your story, discuss your options, and help you choose the best path forward for your child and family.
Which Pediatric Conditions Are Most Often Misdiagnosed?
Pediatric misdiagnosis is, unfortunately, far from uncommon. Frequently misdiagnosed pediatric conditions include:
- Meningitis
- Sepsis
- Appendicitis
- Asthma
- Congenital Heart Defects
- Developmental Disorders
- Type 1 Diabetes
Accurate and timely diagnosis is critical in pediatric care. Delayed or misdiagnosis can necessitate more invasive procedures, extended periods of treatment, and complications caused both by the initial concern and the improper diagnosis. However, establishing that pediatric medical malpractice has occurred is not an easy task. The Johnson City pediatric medical negligence lawyers at The Haynes Firm can thoroughly investigate your child’s condition to establish if a delay or misdiagnosis played a role.
What Are Some of the Long-Term Effects of Pediatric Malpractice?
Pediatric medical malpractice can lead to serious, life-altering, and potentially permanent consequences for children. Some of the long-term consequences of pediatric malpractice include:
- Developmental Delays
- Physical Disabilities
- Cognitive Impairments
- Chronic Health Conditions
- Speech and Communication Challenges
- Psychological Trauma
The long-term effects of pediatric medical malpractice might require extensive medical care, rehabilitation, and support. Some children may need special schooling, and more intensive supervision, and face difficulties with independence. All of these things must be taken into account when seeking compensation for injuries caused by pediatric medical negligence.
At The Haynes Firm, our experienced attorneys understand the consequences of medical malpractice. We are here to hold negligent healthcare providers accountable for the damage they cause and to help injured children and their families seek the justice they deserve.
What Should I Do if I Suspect Pediatric Medical Malpractice Caused My Child’s Injury?
If you suspect pediatric medical malpractice has resulted in injury to your child, the first step is to seek a second opinion. Choose a healthcare provider who is trusted and respected in your community and be sure to explain the situation, your suspicions, and your concerns fully. It can help to write things down so you make sure to ask all of your questions. Be sure to document every interaction and the findings of any professionals you work with.
If there is evidence of pediatric care negligence, the next step is calling a medical malpractice lawyer. It is very important that you choose an attorney who focuses on medical malpractice issues impacting children and teens. Not all attorneys are equipped to deal with the complexities of these cases.
When you are first talking to an attorney, they should listen to your claim without obligation or cost, allowing you to assess your comfort and confidence in their abilities without any risk. Once you find a lawyer you believe can assist you effectively, hiring them to pursue legal action is the next step in your pediatric malpractice case.
The Johnson City pediatric malpractice lawyers at The Haynes Firm accept these cases on a contingency basis. Not only is your initial consultation free of cost and obligation, but you won’t even pay for our services until we have secured a verdict of settlement in your favor.
How Is Pediatric Medical Malpractice Proven?
Proving pediatric medical malpractice requires demonstrating that the medical provider deviated from the standard of care expected in treating children and that this deviation caused your child’s injury. This may require the gathering of evidence, such as medical records, and working with medical experts to evaluate the actions of those involved. The goal is to highlight the link between your child’s injury and the actions or inaction of the healthcare professionals in question. This helps to ensure liability is properly assessed and full compensation can be sought.
What Types of Compensation Are Available in Pediatric Malpractice Cases?
Families impacted by pediatric medical injury may be entitled to different forms of compensation to address both immediate and long-term needs. Compensation may cover:
- Medical Expenses: Surgeries, hospital stays, office visits, medications, and specialized therapy
- Educational and Developmental Support: Specialized education programs, adaptive equipment, tutoring services, and in-home care
- Lost Wages: Wages lost by parents-turned-caregivers and projected future wages for the child
- Future Care Needs: At-home care, assisted living, and ongoing medical management
These and similar economic damages can be accurately calculated and predicted, but families dealing with pediatric malpractice injuries face more than financial costs. Pediatric medical malpractice claims often seek compensation for pain and suffering, diminished quality of life, and similar non-economic damages.
What Is the Statute of Limitations for Pediatric Medical Malpractice in Tennessee?
In Tennessee, the statute of limitations for pursuing a pediatric care malpractice claim is generally one year from the date of the incident or the date of discovery. However, for minors, the timeline can be more complex.
In most cases, the claim must be filed within three years of the incident regardless of when the injury was discovered due to Tennessee’s Statute of Repose. In the case of wrongful death of a minor, the one-year statute of limitations will govern the action.
Knowing when to file a pediatric medical malpractice claim can be very confusing. It’s a good idea to talk to a qualified attorney as soon as possible after the event you suspect caused your child’s injury. The sooner you engage an attorney, the faster they can get to work on your case, uncovering instances of malpractice and helping you seek every penny you are due.
How Long Do Pediatric Malpractice Cases Usually Take to Resolve?
The duration of a pediatric medical malpractice case depends on its complexity and whether the case settles outside of court or goes to trial. Most cases take at least six months and often a few years, particularly if expert witnesses and extensive medical investigations are required. Generally speaking, it can take anywhere from one to five years to reach a settlement or verdict in these claims.
Averages can’t give you an accurate idea of how long your pediatric negligence claim may take to resolve. During your free consultation at our Johnson City office, we will carefully review your case, discuss timelines, and give you a better idea of how long it may take to reach a verdict or settlement for your child and family. As with any other case of medical malpractice in Tennessee, however, resolution of the case in favor of the injured party is never a given, as juries tend to side with healthcare, even in cases involving minors.
Our Experience
Our attorneys are familiar with cases involving failures on the part of medical care to recognize
important signs in children which can indicate serious brewing illnesses. These signs can come in the form of elevated or depressed heart rate, respiratory rate, or blood pressure, high fever, rash, lethargy, skin color, or changes in behavior, to name only a few. We have handled cases involving failure to recognize and manage pediatric sepsis and shock, failure to recognize and manage tick borne illnesses such as Rocky Mountain Spotted-Fever, and other failures on the part of medical care resulting in serious and avoidable injury to children. If medical professionals fail to recognize when a child’s body is communicating that they may be suffering from a critical illness, they place the child unnecessarily at risk for catastrophic consequences.
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If you believe an infant or child has been injured due to medical negligence, do not wait to contact an attorney. You have a very limited time in Tennessee within which to file a medical malpractice case — the statute of limitations on these cases is one year from the date of injury or the discovery of an injury. Contact our Johnson City medical malpractice lawyers today to get started on your case.