Pediatricians are entrusted with the critical responsibility of caring for the health and well-being of infants, children, and adolescents. We hold pediatricians to high standards of care because of children’s unique needs and the vulnerability of young patients. When a pediatrician’s negligence leads to harm, this can constitute medical malpractice, and families may pursue legal action.
Families must know they have many rights when pursuing a medical malpractice claim against a pediatrician.
To protect these rights, hire our Fort Lauderdale pediatric medical malpractice attorneys at Hollander Law Firm Accident Injury Lawyers. Our experienced lawyers will pursue the compensation you deserve and give you and your family peace of mind. Call (954) 231-2320 today to get started with a free case evaluation.
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Why Choose Our Medical Malpractice Firm?
At Hollander Law Firm Accident Injury Lawyers, we understand the devastating impact that pediatrician malpractice can have on your child and family. That’s why we’re dedicated to providing you with the legal support and guidance you need during this difficult time.
When we accept a pediatrician malpractice case, we don’t back down. We take on major medical facilities around Fort Lauderdale, fighting for justice on behalf of our clients. We have the resources and persuasion of a large powerful firm, yet provide small-firm attention to each and every family we serve.
If your child has suffered harm due to pediatrician malpractice, don’t wait to seek legal representation. Contact us today to schedule a free consultation.
What Is Pediatrician Medical Malpractice?
Medical malpractice occurs when a healthcare provider deviates from the accepted standard of care and causes injury to a patient.
In pediatric care, medical malpractice involves errors or omissions by a pediatrician or healthcare provider that lead to injury or harm to a child. Pediatric patients, because of their developmental stages and unique medical needs, are particularly vulnerable to medical errors, which can have long-term or even permanent consequences.
To successfully bring a medical malpractice claim, you must prove:
- Duty of Care: The pediatrician had a professional duty to provide a certain standard of care to the patient.
- Breach of Duty: The pediatrician failed to meet that standard of care through negligence or omission.
- Causation: The breach of duty directly caused the child’s injury or harm.
- Damages: The child suffered measurable harm, such as physical injury, emotional trauma, or financial losses.
In Florida, specific laws govern medical malpractice cases to ensure a fair and timely process for patients and healthcare providers. These cases are highly complicated, so you want our Fort Lauderdale malpractice team from Hollander Law Firm Accident Injury Lawyers handling your case from the start.
Common Types of Pediatric Medical Malpractice
Several types of medical errors can occur in pediatric care, many of which can seriously harm the child. Some of the most common forms of pediatric medical malpractice include:
Misdiagnosis or Delayed Diagnosis
Children often exhibit different symptoms than adults, making diagnosis more challenging.
A pediatrician may misdiagnose or fail to diagnose a serious condition, such as meningitis, appendicitis, or cancer, leading to delayed treatment and worsening of the child’s condition. Misdiagnosis is one of the leading causes of medical malpractice claims.
Medication Errors
Administering the wrong dosage or prescribing the wrong medication is a significant risk in pediatric care. Children require medications carefully dosed based on their age, weight, and medical history. An overdose or underdose of medication can cause harmful side effects, long-term health problems, or even death.
Failure to Treat
Sometimes, a pediatrician may correctly diagnose a condition but fail to provide appropriate treatment. It can occur due to negligence, lack of follow-up, or miscommunication. Failure to treat an illness or injury on time can lead to complications that could have been prevented with proper care.
Birth Injuries
Pediatricians are often involved in the care of newborns, and medical errors during childbirth can lead to birth injuries such as cerebral palsy, brachial plexus injuries, or brain damage. Improper use of delivery tools, failure to monitor fetal distress, or delayed C-sections are common causes of birth-related malpractice claims.
Failure to Obtain Informed Consent
Before any medical treatment or procedure, pediatricians must obtain informed consent from the child’s legal guardian. They must fully inform the guardian of the risks, benefits, and alternatives to the treatment. Failing to provide this information or proceeding without proper consent can constitute medical malpractice.
Failure to Refer to a Specialist
Pediatricians are often generalists, meaning they treat various medical conditions. However, when a child’s condition requires specialized care, the pediatrician must refer the child to an appropriate specialist. Failure to refer the patient on time can result in a worsening condition and harm to the child.
Hollander Law Firm Accident Injury Lawyers handles these malpractice matters, among many others.
Pursuing a Medical Malpractice Claim in Florida
Florida law provides specific guidelines and procedural requirements for pursuing a medical malpractice claim if your child suffered harm due to a pediatrician’s negligence. Our pediatric malpractice lawyers understand these rules, so we can better work toward a successful outcome.
Pre-Suit Requirements in Florida
Before filing a medical malpractice lawsuit in Florida, you must comply with the state’s pre-suit requirements, outlined in Florida Statute §766.106.
These steps include:
- Pre-Suit Investigation: The injured party must conduct a reasonable investigation to determine grounds for a medical malpractice claim. It typically involves obtaining medical records and having a qualified medical expert review them.
- Expert Affidavit: The claimant must obtain a written opinion from a medical expert in the same field as the pediatrician being sued. The expert must agree that the care provided fell below the acceptable standard of care and caused harm to the patient. The notice of intent to sue must include this affidavit.
- Notice of Intent: Before filing a lawsuit, the claimant must provide the pediatrician (or the healthcare provider’s legal representative) with a notice of intent to initiate litigation. This notice includes details about the allegations, the injury, and the expert affidavit.
- 90-Day Investigation Period: After you serve the notice of intent, the healthcare provider has 90 days to investigate the claim and respond. During this time, settlement negotiations may occur, or the provider may reject the claim.
If the healthcare provider denies the claim or the investigation period expires without a resolution, the injured party may then proceed with filing a formal medical malpractice lawsuit. Hollander Law Firm Accident Injury Lawyers handles every step of the process for you and your family.
Statute of Limitations for Medical Malpractice Claims in Florida
The statute of limitations for medical malpractice claims in Florida generally gives you two years from the injury date or the date you discovered (or should have discovered with reasonable diligence) the injury. However, a maximum limit, known as the statute of repose, and your right to sue four years from the date the malpractice occurred, regardless of when you discovered the injury.
In cases where fraud or intentional misrepresentation by the healthcare provider prevented the discovery of the malpractice, the statute of limitations may extend up to seven years.
You must file your claim within these time limits, as failing to do so may result in the court dismissing your case. Contact our Fort Lauderdale medical malpractice attorneys as soon as possible so you never miss any deadlines.
Damages in Pediatric Medical Malpractice Cases
Medical negligence can severely damage a child in many costly ways. Families can recover compensation for:
- Medical Expenses: This includes past and future medical bills related to the injury, such as hospital stays, surgeries, medications, rehabilitation, and ongoing care.
- Pain and Suffering: Compensation for the physical pain and emotional trauma the child experienced due to the malpractice.
- Loss of Future Earning Capacity: If the injury is severe and will affect the child’s ability to earn a living in the future, families may recover compensation for this loss.
- Permanent Disability or Disfigurement: In cases where the malpractice leads to long-term or permanent disabilities, additional compensation may pay for the impact on the child’s quality of life.
- Punitive Damages: In extreme negligence or intentional wrongdoing cases, punitive damages may punish the healthcare provider and deter similar conduct.
At Hollander Law Firm Accident Injury Lawyers, we consider all your losses to seek the full compensation your family deserves.
Challenges in Pediatric Medical Malpractice Cases
Pediatric medical malpractice cases are distinct from other forms of medical malpractice because they involve some of the most vulnerable and fragile patients—infants, toddlers, children, and adolescents.
As a result, they present unique challenges that can make navigating these cases particularly difficult for families. Below are some of the most critical hurdles that can arise in pediatric malpractice cases:
Proving Causation and Liability
In pediatric cases, proving that a pediatrician’s negligence caused harm to a child can be particularly difficult. Children, especially infants, may have pre-existing conditions or be more susceptible to certain illnesses, making it challenging to pinpoint the exact cause of injury.
For example, if a child suffers from developmental delays, you will need medical experts and experienced legal counsel to prove whether those delays resulted from a medical error or an underlying condition unrelated to the pediatrician’s actions.
Additionally, children may be unable to fully articulate their symptoms or the pain they are experiencing, making diagnosis more challenging and complicating efforts to show that the pediatrician failed in their duties.
Establishing a clear chain of causation between the doctor’s actions and the child’s injury typically requires thorough medical investigation, expert review, and testimony from those familiar with pediatric care.
Long-Term Nature of Injuries
In pediatric malpractice cases, the consequences of negligence may not fully manifest until months or even years after the event.
For example, birth injuries, such as brain damage or cerebral palsy, might not be immediately noticeable but can lead to significant developmental issues over time. This long delay between the alleged malpractice and the onset of symptoms makes it difficult to link the harm to the original act of negligence.
Additionally, when a child suffers a long-term or permanent injury, the damages extend into adulthood. It includes long-term medical costs, loss of earning potential, and the need for ongoing care. Calculating these future damages requires experience in forecasting medical expenses, rehabilitation, and other long-term needs.
Pediatric-Specific Medical Standards
Medical malpractice cases rely on expert testimony to establish what constitutes a deviation from the standard of care.
In pediatric cases, the standard of care is often different from that in adult medicine, as children have different physiological and developmental characteristics. Pediatricians must adjust their care practices based on the child’s age, weight, and developmental stage.
Finding an expert witness who is well-versed in pediatric care and willing to testify that another doctor breached that standard of care can be challenging. Additionally, the defense may argue that the pediatrician followed an acceptable course of action given the child’s unique medical needs, which can further complicate efforts to prove malpractice.
Expert Testimony
Pediatric cases often require testimony from multiple medical experts, including pediatricians, specialists, and other healthcare providers, to establish the standard of care and prove negligence.
Emotional Impact
These cases can be emotionally draining for families, as they often involve young children who have suffered significant harm. Working with a compassionate Fort Lauderdale pediatric medical malpractice attorney who understands the emotional toll can make a big difference in managing the process.
Why You Need an Experienced Florida Medical Malpractice Attorney
If your child was harmed due to a pediatrician’s negligence, work with our experienced pediatric Fort Lauderdale medical malpractice lawyers at Hollander Law Firm Accident Injury Lawyers. These highly detailed cases require a clear understanding of medical standards and Florida’s complicated legal process.
Our skilled attorneys can:
- Investigate the Case: Your attorney will thoroughly investigate, obtaining medical records, consulting experts, and gathering evidence to build a strong case.
- Comply with Pre-Suit Requirements: To protect your claim, an attorney will follow all necessary pre-suit steps, such as obtaining expert affidavits and providing proper notice.
- Negotiate Settlements: Many medical malpractice cases resolve through settlements. An experienced medical malpractice lawyer can negotiate with insurance companies and healthcare providers to secure fair compensation for your child’s injuries.
- Represent You in Court: If you cannot settle your case, your attorney can take the case to trial and fight for the justice and compensation your family deserves.
Contact Our Fort Lauderdale Pediatric Malpractice Attorneys Today
Pediatrician medical malpractice can have devastating consequences for children and their families. If your child suffered an injury due to a pediatrician’s negligence, we can explain your legal rights and options.
Florida has created a complicated process for pursuing a medical malpractice claim. Still, with the right legal representation, you can seek justice and compensation for the harm your child has suffered.
Medical malpractice cases can be complex and require a vast amount of knowledge and experience. By hiring our Florida medical malpractice lawyer, you can have peace of mind knowing that your child’s best interests are being taken care of. They will fight tirelessly to hold the responsible parties accountable and help you obtain the compensation you deserve.
Don’t hesitate to get the legal help you need today. Contact our skilled Fort Lauderdale personal injury attorneys today at Hollander Law Firm Accident Injury Lawyers to discuss your case and explore your options for holding the responsible parties accountable. Call us at (954) 231-2320 or visit us online.
Hollander Accident Injury Lawyers – Fort Lauderdale Office
1975 E Sunrise Blvd Suite# 702
Fort Lauderdale, FL 33304
Phone: (954) 231-2320
