Children are among the most vulnerable patients in our healthcare system, and when they are harmed due to medical negligence, the consequences can be devastating—for both the child and their family. Pediatric malpractice occurs when a healthcare provider fails to meet the standard of care required in treating infants, children, or adolescents, resulting in injury, illness, or death. Because children are still developing, medical errors can have long-term, life-altering effects. This article explores the unique challenges of pediatric malpractice, common types of medical errors involving children, and what families can do when something goes wrong.
What Makes Pediatric Malpractice Different?
Medical malpractice involving children differs from adult cases in several key ways:
- Developmental Impact: Injuries or delays in treatment can affect a child’s physical, cognitive, and emotional development in ways that may not become fully apparent until years later.
- Nonverbal and Preverbal Patients: Infants and toddlers cannot articulate what they are feeling. Even older children may struggle to describe their symptoms, leading to missed or delayed diagnoses.
- Long-Term Consequences: Pediatric malpractice injuries can result in lifelong disability, the need for special education, ongoing therapy, or loss of independence in adulthood.
- Complex Medical Standards: Treating children requires a different approach and a nuanced understanding of pediatric medicine. Many conditions manifest differently in children than in adults.
- Parental Advocacy: Pediatric patients rely on parents and guardians to interpret symptoms, track care, and advocate on their behalf. If concerns are dismissed by providers, delays or mistakes can happen.
Because of these factors, pediatric malpractice cases often require specialized knowledge, expert testimony, and long-term care planning.
Common Examples of Pediatric Malpractice
Pediatric malpractice can happen at any stage of a child’s medical journey—from newborn care to adolescence. Common errors include:
Misdiagnosis or Delayed Diagnosis
Children may be misdiagnosed with minor issues when a more serious underlying illness is present. Common conditions often misdiagnosed or diagnosed too late include meningitis, appendicitis, pneumonia, sepsis, congenital heart defects, and juvenile diabetes (Type 1). A delay in identifying these conditions can lead to irreversible complications, disability, or death.
Medication Errors
Because children require customized dosing based on age and weight, even a minor error can have serious consequences, such as overdosing or underdosing, administering the wrong medication, failing to account for drug interactions, or neglecting to monitor for side effects.
Birth-Related Injuries and Neonatal Negligence
Though technically beginning at childbirth, neonatal care overlaps significantly with pediatrics, and injuries due to mishandling during or after birth can include cerebral palsy from oxygen deprivation, Erb’s palsy from nerve damage during delivery, brain bleeds caused by improper handling or equipment use, and failure to detect or treat jaundice.
Surgical Errors and Anesthesia Mistakes
Children may suffer due to surgical errors such as operating on the wrong site or body part, leaving surgical instruments inside the body, inadequate monitoring during anesthesia, and failure to obtain informed parental consent for procedures.
Negligence in Emergency or Urgent Care
In ER or urgent care settings, children may not be adequately assessed, with common mistakes including misclassifying the severity of symptoms, failing to recognize signs of child abuse, and discharging patients too early without a full evaluation.
Failure to Monitor or Follow Up
Failure to schedule necessary follow-ups, lab work, or developmental evaluations can allow chronic or progressive illnesses to worsen.
Legal Elements of a Pediatric Malpractice Case in Indiana
To pursue a pediatric malpractice lawsuit in Indiana, families must generally prove:
- A Doctor-Patient Relationship Existed – The provider had a duty to treat the child.
- Harm or Injury Occurred – The child suffered measurable harm as a result.
- Causation – The harm was directly caused by the provider’s actions or omissions.
In Indiana, a medical malpractice complaint must first be submitted to a Medical Review Panel before filing a lawsuit. Additionally, Indiana has a cap on damages that may affect the total recovery amount. The statute of limitations for minors is usually two years from the alleged malpractice, but this may also be extended in certain cases. For example, Indiana law allows medical malpractice actions for minors up to two years after their eighth birthday if they are under six years old. Another type of extension can occur two years from the date the injury is discovered or reasonably should have been discovered.
Damages in Pediatric Malpractice Cases
A successful malpractice claim may result in compensation for past and future medical expenses, costs of long-term care, therapy, or assistive devices, special education and academic support, pain and suffering (for both the child and family), loss of future income and earning potential, emotional distress and loss of quality of life, and, in cases of extreme negligence or recklessness, punitive damages. In Indiana, damage caps may apply depending on the year of the incident and whether the provider is covered by the state’s Patient Compensation Fund. Life care planners and pediatric medical experts are often brought in to estimate the full scope of a child’s lifelong needs.
How a Pediatric Malpractice Attorney Can Help
Pediatric malpractice cases are especially sensitive and complex, requiring the experience of a qualified Indiana medical malpractice attorney. An attorney will request and review all medical records, help obtain a second opinion or expert review, and work closely with pediatric and developmental experts. They will also handle communication with hospitals, insurers, and other involved parties, build a comprehensive case focused on long-term care and support, and ensure all deadlines and legal filings are met. Additionally, they will guide families through Indiana’s Medical Review Panel process. Attorneys who focus on medical negligence typically work on a contingency fee basis, meaning families pay no upfront costs and only owe legal fees if compensation is recovered.
What Should Parents Do If They Suspect Malpractice?
If you suspect your child has been harmed due to a medical error, taking prompt action is crucial. Here’s what you can do:
- Document everything – Keep a detailed journal of symptoms, treatments, appointments, and communications with providers.
- Seek another medical opinion – A second provider can evaluate your child’s condition and treatment history, and may identify missed steps or errors. A medical malpractice attorney can often help connect you with experts.
- Obtain your child’s medical records – An attorney can handle this step and ensure records are complete and preserved properly.
- Consult a medical malpractice attorney – They can assess your case, guide you through Indiana’s legal requirements, and explain your options for pursuing justice and compensation.
- Prioritize your child’s well-being – Ensure your child receives the necessary treatment, support, and emotional care while your legal team investigates and handles the case.
Conclusion
Medical negligence involving children is heartbreaking and can impact an entire family’s future. Pediatric malpractice cases require careful attention, medical expertise, and a commitment to ensuring the child receives the care and support they will need for years to come.
If you believe your child’s injury, illness, or developmental delays were caused by medical negligence in Indiana, it’s important to act quickly. Consulting a pediatric malpractice attorney familiar with Indiana law can help you understand your rights and take the next steps toward accountability and healing.
The Powless Law Firm is an Indiana law firm that represents victims and families statewide in serious cases involving nursing home neglect, medical negligence, birth injury, personal injury, and wrongful death. If you have concerns about medical malpractice, please contact us at (877) 769-5377. Together we can make a difference.