There is nothing worse for a parent than a sick or injured child. Experiencing your child’s suffering is distressing, but if you learn their condition is the result of medical negligence, your anger and resentment might be unbearable.
Contact our Southfield pediatric malpractice lawyer at Thurswell Law if you believe your child’s doctor provided negligent care. Our law firm has been finding justice for injured people since 1968. Our medical malpractice attorneys have the knowledge and resources needed to bring difficult cases to a successful conclusion.
What Is Pediatric Malpractice?
Pediatric malpractice refers to any injuries a health-care professional causes to a child from birth until they turn 18 years old. When the decision or action that caused the harm varies from the care that a reasonable pediatrician who practices in the area would provide, you may have a medical malpractice case against the doctor. Our Southfield attorneys at Thurswell Law would need to prove that the pediatrician or other health-care provider did not meet the applicable standard of care and your child suffered actual harm as a result.
Birth Injuries
Mismanaging a birth can leave a child with significant temporary or even permanent injuries. Disabling conditions, such as cerebral palsy, often result from birth injuries.
Medication
Sometimes a child has a bad reaction to a drug, is prescribed the wrong dose, or is administered a drug improperly. In this case, the prescribing physician, hospital, or nursing staff may have been negligent.
Misdiagnosis or Failure to Diagnose
A misdiagnosis of or a failure to diagnose conditions, such as meningitis, heart abnormalities, encephalitis, or cancer, can delay proper treatment. This may sometimes lead to devastating outcomes.
Negligent Surgery
Surgery on children is risky. Anesthesia errors, damage to surrounding tissues, infections, or problems maintaining the child’s body temperature can lead to pediatric malpractice lawsuits.
Time Limits for Bringing a Lawsuit
A two-year statute of limitations applies to medical malpractice cases. If there was a delay in discovering the malpractice, you have six months from the date you knew or should have known of the injury to sue. However, Michigan Consolidated Laws § 600.5838a imposes a six-year statute of repose, which means a malpractice lawsuit is time-barred if more than six years have passed since the injury, regardless of when it was discovered.
There is more flexibility in the law when the patient is a minor. If a health-care provider commits malpractice on a child under the age of eight, a lawsuit must be filed before the child’s 10th birthday and within the six-year statute of repose. If the malpractice occurred on a child under the age of 13 and damaged their reproductive organs, the claim must be filed by the child’s 15th birthday.
Minors cannot file lawsuits, so a parent or guardian must file on their behalf. Our lawyers could guide you through the process of bringing a medical malpractice lawsuit in Southfield on your child’s behalf.
Managing a Child’s Damages
If the lawsuit is successful, your child could be awarded substantial damages. The money belongs to the child, and parents generally cannot access it without court approval.
If you reach a settlement, a court will review it to ensure that it is fair and that it supports your child’s best interests. Courts may require the funds to be placed in a trust that the court supervises until the child turns 18 years of age. Alternatively, our Southfield attorneys may negotiate a structured settlement that pays your child over time once they reach adulthood, ensuring their needs are met throughout their lifespan.
Contact Our Southfield Attorneys To Pursue a Pediatric Malpractice Case
When a negligent healthcare provider harms your child, you have the right to claim damages on your child’s behalf. Our experienced Southfield pediatric malpractice lawyer at Thurswell Law could help you understand your rights and determine whether you have a case. Contact us today to get started with pursuing justice for your child.
N/a
