Medical negligence can be difficult to recognize and even more challenging to prove in a liability claim. This may be especially true when children are the victims of a doctor’s or hospital’s mistake. After all, it may be problematic or impossible for a child to articulate his or her symptoms, particularly if the malpractice occurred during labor or delivery.
You may have reason to feel suspicious if your child developed unusual symptoms and complications after visiting a doctor. It is crucial that you take swift action if you have reason to believe your child has suffered injury or illness because of a doctor’s mistake.
Below are five steps you should take if you suspect your child is the victim of medical malpractice:
1. Seek medical advice and care – Protect your child’s long-term health and well-being by seeking prompt medical attention to address any immediate concerns. Keep careful records of any diagnoses or prescribed treatments to address your child’s condition.
2. Collect and preserve any potential evidence – Medical malpractice and birth injury claims are especially difficult to prove. The burden of proof in these cases is substantial, and you will be required to provide sufficient evidence of negligence and injury.
Maintain all potential evidence that supports your case. This includes medical records, doctor’s statements, witness information and even photos of your child’s injuries. Hold on to all hospital and doctor’s bills associated with the initial injury incident and follow-up care.
3. Consult a personal injury lawyer – Lawyers who have experience bringing birth injury and medical malpractice claims can provide valuable insight into a potential case. Take advantage of free case evaluations. During a consultation, you can ask questions about the strength of your case and whether you have grounds to pursue compensation.
A lawyer also can take control of the case and offer immediate, personalized advice. This may include guidance on how to collect and preserve evidence and how to secure witness information and testimony. A lawyer also may have access to resources like investigative tools and medical experts.
4. Be careful in all conversations – Anything you say to your own doctor, the College of Physicians and Surgeons or other related bodies can be used to undermine or damage your potential claim, so be very careful when speaking with to any third party.
5. Learn about your options for compensation – A medical malpractice claim may entitle you and your child to medical expenses and other injury-related damages resulting from the healthcare professional’s negligence. Punitive damages are rare but may be available in cases of extreme or wanton negligence.
The Preszler Law Firm helps victims of medical negligence recover fair compensation. Learn more about your options by scheduling a free case evaluation with our offices. Call 1-800-JUSTICE® or fill out our online case evaluation form.