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

Posted on behalf of Peter T. Nicholl in Medical Malpractice Published on July 11, 2024 and updated on April 27, 2026.

pediatricians office during daytime 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 Baltimore 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.

What is pediatric medical malpractice?
Pediatric medical malpractice occurs when a healthcare provider fails to meet accepted standards of care when treating a child and that failure causes injury. From a legal perspective, it requires showing that a similarly trained provider would have acted differently under the same circumstances and that the substandard care directly led to harm.

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.

Frequently Asked Questions About Pediatric Medical Malpractice in Maryland

Can I file a pediatric medical malpractice claim in Maryland?

Yes, you may be able to file a pediatric medical malpractice claim if negligent medical care harmed your child. The claim must show that a provider failed to meet accepted medical standards and that the failure caused injury, delayed treatment, or worsened the child’s condition. The Law Offices of Peter T. Nicholl can review whether the medical records support negligence.

What types of errors can lead to pediatric malpractice claims?

Pediatric malpractice claims may involve misdiagnosis, delayed diagnosis, medication errors, surgical mistakes, birth-related injuries, failure to monitor symptoms, or failure to order appropriate testing. The legal issue is whether the provider acted reasonably based on the child’s symptoms and medical needs. Children may require different evaluation and dosing considerations than adults.

Can delayed diagnosis of a child’s illness be malpractice?

Yes, delayed diagnosis may be malpractice if a healthcare provider failed to recognize symptoms that should have prompted further testing, referral, or treatment. The claim must connect the delay to harm, such as disease progression, avoidable complications, or more invasive treatment. The Law Offices of Peter T. Nicholl can assess whether earlier care may have changed the outcome.

What evidence helps prove pediatric medical malpractice?

Helpful evidence may include hospital records, pediatrician notes, test results, medication records, imaging, discharge instructions, specialist evaluations, and records of later treatment. This evidence helps show what symptoms were present, how providers responded, and whether the child suffered preventable harm. Expert review is often needed to explain the applicable standard of care.

Can medication errors involving children support a malpractice claim?

Yes, medication errors involving children can support a malpractice claim when incorrect dosage, wrong medication, missed contraindications, or poor monitoring causes harm. Pediatric medication decisions often depend on age, weight, diagnosis, and medical history. The Law Offices of Peter T. Nicholl can evaluate whether the medication record shows a preventable error.

What damages may be available in a pediatric malpractice case?

Damages may include medical expenses, future treatment, therapy, disability-related costs, pain and suffering, reduced quality of life, and long-term care needs. The damages must be connected to negligent care and supported by medical evidence. Because children may face lifelong consequences, future needs often require careful documentation and expert analysis.

Can a hospital be liable for pediatric medical malpractice?

Yes, a hospital may be liable if its staff, systems, policies, or communication failures contributed to the child’s injury. Liability may involve doctors, nurses, technicians, emergency personnel, or other healthcare providers depending on the facts. The legal analysis focuses on who was responsible for the child’s care and how the preventable harm occurred.

When should parents contact a lawyer about pediatric malpractice?

Parents should contact a lawyer as soon as they suspect negligent medical care harmed their child, delayed treatment, or worsened a condition. Early review can help preserve records, identify involved providers, and determine whether expert evaluation is needed. The Law Offices of Peter T. Nicholl can assess whether the facts support a Maryland pediatric malpractice claim.

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.