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

Proving pediatric malpractice from medication error

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People want to protect their babies, and they trust their pediatricians to want the same. Unfortunately, doctors do not always live up to that ideal.

Depending upon the situation, it may be possible to file a malpractice claim when a medical caregiver fails to perform up to standards. Particularly in the case of pediatric medication error, there are a few things to understand about the process.

Proper care

In order to ensure proper care, medical professionals should utilize a few checkpoints regarding medication. They are called the "five rights," which include:

  • Right patient
  • Right medication
  • Right route
  • Right dose
  • Right duration

It is up to physicians to uphold these five rights. If they do not, the chance of negligence can grow.

Negligent behavior

Many different things can lead to negligent acts. In short, negligence is not providing the proper amount of care that a prudent party would exercise in the same situation. In regards to pediatric medication error, negligence can occur due to lack of knowledge or training or not fully understanding the child's needs, amongst other things. In the case of infants, the children are not able to express their pain or discomfort in an intelligible manner, which makes proper procedure and monitoring critical.

Acceptable proof

In any negligence case, a claimant must prove a few things. Specifically in the case of pediatric medical error, the claimant must show that the physician did not uphold the proper duty of care and that the failure led to injury and damages.

Understanding and being able to argue the standard of care for a doctor is not an easy task, considering that there are certain medical issues and conditions that a physician cannot avoid. However, if the caregiver in question did truly make an error, a medical professional witness could be quite helpful in proving the case.

Moving from a failure to uphold the five rights to a fully proven case is often a complicated process at best. Usually, only a case-specific analysis in the context of the law has a chance of securing the restitution injured people require to move on from a pediatric tragedy. 

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