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How Do I Know If My Child’s Injury Was Due to Malpractice?

Published January 15, 2025 by David Wolff
How Do I Know If My Child’s Injury Was Due to Malpractice?

Back in 2004, an incredibly alarming study found that about 4,500 children were dying in the U.S. each year due to medical errors. Thankfully, more recent research reveals this number has gone down. However, pediatric medical malpractice is still a big concern among many parents.

Do you suspect your child may have sustained a serious injury caused by malpractice on the part of a medical professional? Aim to prove that a child’s injury was due to malpractice and consider taking legal action against the doctor, nurse, nurse practitioner, or other medical professional responsible for it.

Here is how you can tell that a child’s injury was due to malpractice.

Look for Signs of Medical Malpractice

There are some very obvious signs of medical malpractice that you’ll likely see right away when you think a child’s injury was due to malpractice. For example, you might discover that a doctor operated on the wrong part of your child’s body during surgery. You might also spot another mistake a doctor made while operating on your child that is as clear as day.

Some other signs of medical malpractice aren’t so obvious. Medication errors, for instance, could make an already-injured child look and feel worse, forcing you to look deeper into how these errors have impacted your child to find proof of malpractice.

Other examples of medical malpractice with signs that might initially be tough to spot include:

  • Misdiagnosis: When a medical professional fails to catch symptoms of an injury or illness and diagnoses a child with the wrong condition
  • Delayed diagnosis: When a medical professional neglects to diagnose a child quickly enough and causes unnecessary health complications
  • Failure to monitor properly: When a medical professional doesn’t monitor a child adequately after a procedure and puts them at risk

If a medical professional does anything that suggests they have deviated from their standard duty of care, this could be considered medical malpractice.

Seek a Second Opinion on Your Child’s Condition

If you believe your child’s injury was due to malpractice, think about speaking with a medical professional directly about it. They might shed light on what caused this injury and provide you with much-needed peace of mind.

If, however, this medical professional doesn’t take your concerns seriously or if they deny any wrongdoing and become defensive, seek a second opinion on your child’s condition. Another doctor may offer additional insight into what caused your child’s injury to occur.

Meet With a Medical Malpractice Lawyer

If you feel your child’s injury was due to malpractice, don’t hesitate to schedule a consultation with a personal injury lawyer. More specifically, search for a reputable medical malpractice lawyer who has experience working on these types of cases.

An attorney can evaluate your case and determine its viability. They can also help you file compensation claims against a medical professional and ensure you don’t miss the statute of limitations. In New York, you may only have about 2.5 years to file a medical malpractice case.

Do You Suspect Your Child’s Injury Was Due to Malpractice? Give Us a Call

If your child was injured recently, you might end up with a stack of medical bills that you’ll need to pay off before long. If your child’s injury was due to malpractice, you might be eligible to collect compensation that you can use to cover these costs and any other expenses you might face.

Rely on a personal injury lawyer from Cantor, Wolff, Nicastro & Hall, LLC, to handle your case. Contact us at 716-848-8000 or complete this brief form to set up a free consultation.

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