Pediatric Medical Malpractice Lawsuits: When Do I Have the Right to File a Case in Maryland?

Parents are often overprotective of their children, so when a child’s doctor provides substandard care, his or her parents may automatically assume it is medical malpractice. However, pediatric malpractice is much more complicated than that.

Below, our Maryland medical malpractice lawyers explain pediatric malpractice lawsuits in Maryland, how it occurs, when substandard care rises to the level of malpractice and the steps parents can take if they suspect malpractice.

If your child was injured by pediatric malpractice, contact our experienced law firm for a free legal consultation. Our firm has decades of experience and has secured millions for those injured by medical malpractice in Maryland.

There are no upfront fees, and your initial consultation is free. You only pay if we win your case.

Call 410-297-0271 to discuss your legal options today.

What Is Pediatric Malpractice?

Pediatric malpractice occurs when a doctor or medical professional, such as a pediatrician, fails to meet accepted standards of care when providing treatment. If this substandard treatment injured your child, you may be able to file a lawsuit to seek compensation.

The important thing to remember is that pediatric malpractice is more than mistakes. Your lawyer must prove your child’s pediatrician failed to perform as a similarly trained medical professional would have in similar circumstances.

Pediatric malpractice is typically limited to patients ranging in age from less than one month to 17 years of age.

What Are the Different Types of Pediatric Malpractice?

There are many different types of pediatric malpractice. For instance, your child’s pediatrician may fail to diagnose an illness, such as:

• Cancer
• Appendicitis
• Meningitis
• Pneumonia
• Congenital heart defects
• Retinoblastoma
• Jaundice
• Hydrocephalus
• Brain injury
• Side effects from medication
• Viral illnesses

Other examples of pediatric malpractice include:

• Medication errors, such as prescribing the wrong dosage or the wrong medication
• Failing to properly monitor a child during medical treatment, such as after surgery
• Surgical errors
• Failing to adequately communicate with the patient’s family
• Inaccurate assessment of a patient’s condition or symptoms
• Delayed evaluation of the patient
• Misinterpreting test results
• Failing to properly prepare for labor
• Failing to perform up to medical standards during labor and delivery
• Failing to obtain informed consent from the parents
• Lack of proper training or other qualifications
• Operating on a child for too long
• Failing to review a child’s medical history
• Failing to review a pregnant mother’s medical history
• Failure to perform an adequate physical exam

If your child has been a victim of these or any other forms of medical malpractice, contact our law firm to review your legal options.

What Kinds of Injuries Does Pediatric Malpractice Cause?

In pediatric malpractice cases, the injuries sustained by young patients can vary widely, but commonly include:

• Meningitis Misdiagnosis: If not treated immediately and effectively, meningitis can lead to severe complications, including brain damage, hearing loss or learning disabilities.
• Anaphylactic Shock: This severe allergic reaction can be fatal if not recognized and treated quickly.
• Cerebral Palsy: Cerebral palsy can develop from oxygen deprivation during birth or complications like severe jaundice and untreated infections.
• Appendicitis Misdiagnosis: Commonly misdiagnosed as gastroenteritis or a urinary tract infection, incorrectly diagnosing appendicitis in children can cause a ruptured appendix, which could have severe complications.
• Brachial Plexus Injuries: These are injuries to the bundle of nerves controlling the arms and hands, often during childbirth, leading to varying degrees of paralysis in a child’s limbs.
• Kernicterus: This is a form of brain damage associated with extremely high levels of bilirubin in a newborn’s blood, usually associated with jaundice
• Medication Overdose: Administering a dangerously high dose of medication to a child due to a miscalculation based on their age or weight can lead to fatal consequences.

Some of the other injuries that could result from pediatric malpractice include:

• Obstructed bowels
• Juvenile diabetes
• Developmental hip dysplasia
• Urinary tract infections
• Transverse myelitis
• Bronchiolitis
• Autism
• Asthma
• Hypothyroidism
• Damage to internal organs
• Damage to the spinal cord
• Severe fractures
• Brain injuries

How Does Pediatric Malpractice Happen?

There are numerous reasons why pediatric medical malpractice occurs:

Overlooking Signs and Symptoms

Medical professionals are trained to identify and react to the signs and symptoms of various conditions. Overlooking these symptoms can lead to delayed diagnosis and treatment. This oversight can be particularly harmful in pediatric care, where children may not be able to describe their discomfort or pain.

Failing to Order Appropriate Tests

When a healthcare provider fails to order appropriate tests based on a child’s symptoms, critical conditions may go undiagnosed, leading to injuries or worsening health.

Ignoring or Misinterpreting Test Results

Ignoring or misinterpreting test results can lead to inaccurate assessments of a child patient’s condition. This misinterpretation can result in providing the wrong treatment or missing an early opportunity to intervene.

Lack of Communication Among Healthcare Providers

If there is any communication breakdown, information critical to your child’s care may not be shared, which can lead to inconsistent or harmful treatment.

Inexperience or Insufficient Training in Pediatric Care

Pediatric care requires specialized knowledge and skills because a child’s body is different from that of an adult. This causes their body to respond differently to treatment and medications. Medical professionals who do not stay up to date with their training may be more likely to commit medication errors or recommend incorrect treatment.

There are many other reasons why pediatric malpractice occurs. Our attorneys have the resources to investigate what happened to find out why it happened. We have access to the relevant medical experts to help us build a strong case.

How Can Parents Prevent and Recognize Pediatric Malpractice?

Parents play a crucial role in preventing pediatric malpractice. Staying vigilant and informed is key to protecting your child from serious harm. To prevent and detect pediatric malpractice, parents should:

• Keep detailed records of your child’s health care, including medications, treatments and the medical staff involved.
• Ask questions and seek explanations if treatments or diagnoses are not clear.
• Get a second opinion if something does not seem right. Trust your instincts. You are most likely questioning it for a good reason. Regardless, it is better to be safe than sorry.
• Look out for signs in your child that could indicate medical malpractice, such as unexpected complications, a worsening condition without explanation, or a diagnosis that does not match the symptoms.

What is the Statute of Limitation for Pediatric Malpractice in Maryland?

In Maryland, you can generally file a lawsuit within three years of the child’s 18th birthday. However, it is best to take legal action sooner rather than later, as evidence can get lost over time. You want to give your lawyer the best chance to build a strong case and pursue full compensation for your child’s injuries.

Contact Our Experienced Law Firm to Discuss a Medical Malpractice Lawsuit

If your child has suffered injuries due to pediatric medical malpractice in Maryland, contact The Law Offices of Peter T. Nicholl. We have more than 30 years of experience representing injured victims, securing billions in compensation on their behalf.

Contact us for your no-obligation consultation today at 410-297-0271.