What Can I Do if My Child is a Victim of Medical Malpractice?

 Posted on June 07,2024 in Medical Malpractice

Medical malpractice occurs when medical professionals act recklessly or negligently, violating their duty of care to patients and causing injury or illness. Sometimes, medical professionals specializing in pediatrics commit medical malpractice, and this is something that can impact a child’s life significantly.

If your child has experienced medical malpractice, he or she cannot file a claim for compensation as a minor; you will need to pursue a claim on his or her behalf. A skilled Illinois medical malpractice lawyer can assist you with this process.

Common Types of Pediatric Medical Malpractice

Pediatric medical malpractice can occur in a variety of different situations. It is important to be on the lookout for signs of medical malpractice in your child, especially if he or she is an infant, as the impacts of medical malpractice can often take a longer time to appear as your child develops.

Common types of pediatric medical malpractice include:

• Birth injuries

• Misdiagnosis 

• Delayed diagnosis, including delays in ordering testing or referrals to specialists

• Surgical and anesthesia errors

• Medication errors, such as prescribing medications a child is allergic to

As a parent, there is nothing more frightening than the fear that a doctor that you trusted with your child’s health hurt your child instead. Unfortunately, however, it does happen. By definition, pediatric medical malpractice could have been avoided if a medical professional acted professionally or upheld their duty of care to provide patients with proper treatment and diagnosis.

In addition to getting the compensation you deserve for your child’s injuries, it is important to hold irresponsible pediatric doctors responsible so they do not hurt anyone else. If any of the above situations sound familiar to you, you should meet with an attorney who has experience with pediatric medical malpractice cases to find out more about your options. 

How Long Do I Have to File a Medical Malpractice Claim for My Child?

In Illinois, there is a two-year statute of limitations for medical malpractice claims that starts the day an injury is discovered, and any claim must be filed no more than four years after the medical malpractice occurred.

However, this statute of limitations increases to eight years in cases in which a child under 18 years of age suffers from medical malpractice. Your claim on your child’s behalf must be filed within eight years after the date the injury is discovered, and no later than your child’s 22nd birthday. If your child was permanently disabled due to medical malpractice, there is no statute of limitations.

The reasoning behind this extended statute of limitations for children injured by medical malpractice is that many occurrences of medical malpractice in infants and children take weeks, months, or even years to be fully discovered and evaluated.

Contact a Winnebago County, IL Medical Malpractice Attorney

If your child has suffered from pediatric medical malpractice, you will want to hold the medical professionals responsible accountable, in addition to seeking compensation for the damages your child has experienced. A knowledgeable Rockford, IL pediatric medical malpractice lawyer is essential to helping you file a claim on your child’s behalf.

Our attorneys at Mannarino & Brasfield, A Division of Schwartz Injury Law have significant experience with complex medical malpractice cases involving both infants and children, and we do not charge a fee unless we are successful with your claim.

Call 815-215-7561 for a free consultation.