Cranwell & Moore P.L.C., Attorneys at Law

Key elements to prove medical malpractice on a child

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People trust physicians to utilize the highest level of care possible when they are treating patients, especially when it comes to children. Unfortunately, some parents and their children have to deal with disabilities or other debilitating issues due to improper treatment from a physician

Whether the physician committed unscrupulous acts or did not provide proper care, it may be possible to prove a malpractice case. To do so successfully, there are a few key elements that parents must be aware of.

Occurrence

When a child experiences a negative reaction to a service, it is not immediately seen as medical malpractice. In fact, in some cases, the issues may be unavoidable. However, there are certain instances where malpractice is blatantly obvious, which is usually when a physician does something that should never happen, such as:

  • Administering the wrong medication
  • Giving a patient the wrong dosage of the right drug
  • Utilizing the wrong treatment route
  • Treating the wrong patient

These instances are grossly negligent, and physicians will usually settle quickly to keep a low profile. However, other instances of negligence that are not as clear may require more work.

Proving negligence

Proving medical malpractice is the same as any negligence case. The key is establishing the proper standard of care and showing that the physician did not exercise it, and was therefore negligent. Then the accusing party must show that the negligence led to the issue, which resulted in damages. It is important that parties be able to validate all of these points to develop a strong case.

Evidence

Any medical records, prescriptions or other written documentation may be helpful evidence. If it is possible to secure an expert witness, that can be very beneficial in establishing the proper standard of care and the correct means of treatment.

This is a brief overview of a few key elements in a medical malpractice case. For further information or to establish the grounds for a case, it may be advantageous to consult with a knowledgeable attorney.

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