As parents, we’re our children’s greatest champions. So often, they find themselves voiceless in high-stress situations, and they don’t always understand complicated circumstances, especially those that can include uncomfortable sensations. This is especially true when our children face long-term medical treatments or surgeries, which have many different factors to consider to ensure the best outcome for our little ones. 

How to Advocate for Your Child if You Suspect Medical Malpractice

We all want our children cared for by the best doctors, who can get them onto the fast track for recovery right away; unfortunately, there are bad apples in every profession, and the medical industry is no different. over 250,000 people die each year in the United States due to medical errors. Still, some suggest this number is artificially low, as hospitals are reluctant to report medical errors to the authorities for fear of losing prestige and funding. We are our children’s first line of defense against serious complications. As such, it’s essential to know the signs of medical malpractice – and how to prove that a doctor has been criminally negligent.

A poor outcome does not necessarily mean poor treatment

First, it’s essential to understand that medical malpractice is a legal term, and it must be proven that the doctor was negligent in some way for a medical malpractice suit to be pursued in court. 

Three factors involved in proving a medical malpractice claim, and all must be present for a case to move forward.

The doctor was negligent.

This means they did not provide a “reasonable standard of care” or the level of care that a reasonable, experienced doctor would provide in such a situation. The reasonable standard of care differs by specialty, but it measures how well the doctor’s approach is aligned with others in their profession. In other words, it has to be clear that they didn’t give the patient sufficient treatment for their care.

Negligence caused the injury.

It has to be proven that the injury directly resulted from the doctor’s negligence and that it could have been avoided if the doctor had acted more responsibly. This is where it’s essential to understand that a doctor could do everything possible to ensure excellent treatment, but the patient could still have a poor outcome. 

The injury resulted in significant damages.

For a court to consider a claim, there has to be proof that this injury caused significant pain or hardship. For children, this could include protracted healing or revision surgeries, long-term disability, or extended absences from school beyond what would be expected in a typical case, causing them to fall behind their peers academically. 

Once you’ve determined that all of these factors are present in your case, it’s time to move forward and consider how you can get justice for your child. 

As such, it’s essential to know the signs of medical malpractice - and how to prove that a doctor has been criminally negligent.

Pursuing a medical malpractice claim

If your child has been a victim of medical malpractice, know that you’re not alone: many resources are available, including experienced medical malpractice lawyers who can advocate for you and your little one. It’s challenging to manage your child’s healing and navigate the legal system simultaneously, so it’s always a good idea to consult with a lawyer who can take away some of your worries and manage certain aspects of the case on your behalf.

While it’s possible to pursue a medical malpractice claim on your own, it might lessen your chance of getting a settlement, as the average person does not have the experience necessary to build a case. However, an excellent medical malpractice lawyer can handle many facets of the case, allowing you to focus entirely on your child’s healing. Here are some ways a reasonable attorney can make seeking justice much easier.

Gather the appropriate records.

Not every medical malpractice case requires the same information, and it might be hard to know what’s relevant and what’s not. With your permission, a medical malpractice lawyer will gather all necessary medical records and put them together to show the narrative of the negligence, including expert testimony that will support your claim. 

Communicate with doctors and specialists on your behalf.

Once you begin a medical malpractice case, you’ll likely be bombarded with calls from the hospital system seeking to negotiate with you and avoid a long legal battle. However, they will probably offer a settlement far below what you deserve, and it might not be evident that they’re lowballing your claim. An experienced attorney knows what’s fair in this circumstance, and they can prevent you from being harassed by third parties when you want to care for your child.

Negotiate an appropriate settlement with an eye for long-term issues.

It’s easy to get short-sighted and seek damages only for what you’re facing now: the mounting medical bills and specialist treatments. However, a great attorney with plenty of experience knows that it’s not just about right now but about what your family will face in the future, too. They’ll be able to negotiate a settlement that also considers what you and your child might need in the future to ensure that you’re adequately compensated for long-term treatments.

How to Advocate for Your Child if You Suspect Medical Malpractice

It’s hard to watch your child suffer, especially if you suspect that your little one would have been in less pain if the doctor had acted appropriately. Once you know what to look for regarding medical malpractice, you can seek the advice of an attorney who will help guide you through getting justice for your child’s pain. That peace of mind is priceless, and it will allow you to focus entirely on caring for your loved one through this difficult time.

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