Pediatric medical malpractice refers to situations where a healthcare provider’s negligence causes injury to a child during diagnosis, treatment, or ongoing care. These cases often involve errors such as delayed diagnoses, surgical mistakes, medication overdoses, or improper treatment of chronic conditions. Because children’s bodies are still developing, the consequences of medical errors can be especially severe and long-lasting.
When such injuries result from a breach of the standard of care in medicine, families may be entitled to compensation under Florida law. This can help cover medical expenses, future care needs, and the emotional impact on the child and their loved ones. A Florida medical malpractice lawyer can help families navigate the complex legal process and seek a settlement or verdict for their child’s injury.
Is Compensation Available For Pediatric Medical Malpractice In Florida?
Yes, compensation may be available in Florida pediatric medical malpractice cases. To succeed, your lawyer must build an evidence-based claim that shows the direct harm your loved one suffered because of negligence.
Pediatric malpractice claims can lead to lifelong physical, cognitive, and emotional impairments. The amount of compensation depends on the severity and permanence of the injury. Compensation may include:
- Past and future medical expenses
- Costs for long-term care or special education
- Non-economic losses such as pain and suffering
More severe injuries, such as those resulting in paralysis or brain damage, typically result in extensive, ongoing needs.
How Do Symptoms And Complications Impact a Pediatric Malpractice Claim?
The symptoms and long-term complications of pediatric medical malpractice are critical in demonstrating the full extent of losses and, ultimately, the compensation a family may receive. The more serious and lasting the effects, the greater the need for financial recovery. Pediatric malpractice can result in:
- Neurological damage (e.g., from oxygen deprivation at birth), leading to cerebral palsy, developmental delays, or seizures
- Physical impairments such as muscle weakness, paralysis, or limited mobility
- Cognitive and behavioral deficits, including learning disabilities, speech delays, and social difficulties
- Chronic pain or medical instability requiring frequent hospitalization or specialist care
- Emotional and psychological trauma affecting both the child and the family
These conditions often result in permanent lifestyle changes. Children may need assistive devices, home modifications, full-time caregivers, or special education services. Documenting the full impact of the injury is essential to proving losses and securing fair compensation.
What Medical Errors Can Lead To Pediatric Malpractice?
Pediatric medical malpractice arises when a healthcare provider fails to meet the accepted standard of care, resulting in harm to a child. Legal liability is established by identifying specific errors or omissions that a competent professional in the same field would not have made under similar circumstances. Common negligent actions or omissions include:
- Delayed or missed diagnoses, such as failing to identify meningitis, appendicitis, or childhood cancers
- Surgical errors, like operating on the wrong site or causing internal injuries during procedures
- Medication mistakes, including incorrect dosages or administering harmful drug combinations
- Improper prenatal or delivery care, resulting in birth injuries like hypoxic brain damage or shoulder dystocia
- Failure to monitor symptoms or respond to complications promptly
At our firm, we conduct in-depth investigations with medical experts to determine how the standard of care was breached. This step is essential in building a strong case and holding negligent providers accountable.
Who Can Be Held Responsible In A Pediatric Medical Malpractice Case?
Pediatric medical malpractice cases often involve multiple at-fault parties. Depending on the circumstances, liability may extend to:
- Doctors, including pediatricians, surgeons, obstetricians, or emergency physicians, who made diagnostic or treatment errors
- Nurses, for failing to monitor vital signs, administer medication properly, or follow physicians’ orders
- Specialists, such as neurologists or anesthesiologists, who may have overlooked critical signs or made procedural mistakes
- Hospitals or clinics, for poor staffing, lack of supervision, unsanitary conditions, or failure to implement proper protocols
These cases are, unfortunately, rarely straightforward. Many healthcare providers work as independent contractors or are covered by complex insurance arrangements. Determining who is legally responsible, and whose insurance will cover the losses, requires a deep understanding of healthcare operations and liability law.
Our firm thoroughly investigates each case to identify every potential source of fault. This ensures that all responsible parties are held accountable and that families can pursue the maximum compensation available under Florida law.
What Must Be Proven In A Florida Pediatric Medical Malpractice Case?
To succeed in a pediatric medical malpractice claim, four legal elements must be established:
- Duty of Care: The healthcare provider must have owed a duty to the child—typically established through a formal provider-patient relationship.
- Breach of Duty: The provider must have failed to meet the accepted standard of care for a similarly qualified professional under similar circumstances.
- Causation: The breach must have directly caused or significantly contributed to the child’s injury. It’s not enough that a mistake was made. We must be able to show that the error caused harm.
- Damages: The injury must have resulted in measurable harm, such as physical or cognitive impairments, emotional suffering, or financial burdens from medical expenses and long-term care.
In Florida, expert medical testimony is required to establish the standard of care and identify breaches in this standard. Typically, this involves a qualified physician in the same specialty reviewing the facts and providing a written opinion.
Time Is of The Essence In A Pediatric Malpractice Claim
Florida enforces a statute of limitations for medical malpractice cases. Generally, the case must be filed within two years of the injury per Florida Statutes § 95.11. However, Florida often allows additional time for cases involving minors. Your attorney will discuss the exact timeline of your case with you.
Contact A Florida Medical Malpractice Lawyer Today
Pediatric medical malpractice can have life-altering consequences for both a child and their family. If you suspect a healthcare provider’s negligence caused your child’s injury, you may be entitled to significant compensation—but these cases are complex and time-sensitive.
Our Florida medical malpractice attorneys are here to help you understand your rights, investigate your claim, and fight for the full financial recovery your family deserves. At the Law Offices of Anidjar & Levine, we are dedicated to supporting your family during this incredibly difficult time. Contact us today for a free consultation and let us help you take the first step toward justice and healing.
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