Baltimore Pediatric Medical Malpractice Lawyers

Baltimore Pediatric Medical Malpractice Lawyers 

The emotional and financial toll of pediatric medical malpractice cannot be overstated. As parents, it is heart-wrenching to witness our children suffer due to the negligence of medical providers we trust. This is why it is paramount to seek legal advocacy from Baltimore children medical malpractice lawyers from Peter Angelos Law for our youngest victims, helping them attain the justice and compensation they deserve.

At Peter Angelos Law, we understand the devastating impact that pediatric medical malpractice can have on families. Our team of dedicated attorneys is committed to providing compassionate and experienced legal representation for those affected by such cases. If your child has been a victim of medical negligence, we offer a free case evaluation to assess the details of your situation and discuss your potential legal options.

Contact us today at 410-705-2405 to schedule a free consultation with our experienced Baltimore children’s medical malpractice lawyers. We are here to support you in seeking justice for your child and securing the compensation needed for their care and future well-being.

A newborn baby in a hospital blanket.

Understanding Pediatric Medical Malpractice

Medical malpractice, which is a breach of duty of care by a healthcare provider resulting in harm, can have serious or fatal outcomes in pediatric cases in Baltimore. If this breach in duty of care caused an injury or the worsening of an illness, it might be classified as medical malpractice. This is laid out in state statute Maryland Annotated Code, Courts and Judicial Proceedings §3-2A. The Medical Malpractice Act states: “All claims, suits, and actions … by a person against a health care provider for medical injury allegedly suffered by the person … are subject to and shall be governed by the provisions of this act”.

It can cause significant distress to both the patient and their family. The legal complexities of such cases include proving four elements:

  1. Duty
  2. Breach of duty
  3. Causation
  4. Damages

A competent Baltimore medical malpractice attorney can guide you through the elements of a medical malpractice case, including medical malpractice claims, to build a convincing argument. If you’re seeking the help of experienced Baltimore medical malpractice attorneys, it’s crucial to find a legal team such as Peter Angelos Law that understands the complexities of such cases.

Pediatric medical malpractice cases, in particular, require a thorough understanding of medical information and sensitivity to the unique challenges faced by child victims and their families. Baltimore medical malpractice lawyers, with their extensive knowledge and experience, can provide the necessary attention to detail to ensure that the case is handled appropriately.

Understanding the complexities of pediatric medical malpractice helps empower affected families to make informed decisions and seek the justice they deserve. Being prepared and well-informed is important as medical malpractice can result in enduring harm to a child’s life and health.

Adult Malpractice vs. Pediatric Malpractice

The practice of medicine for adults differs significantly from that for children. Pediatricians focus on treating the unique needs of young patients, including their physical and emotional development. Therefore, the standard of care for pediatricians is different from that of general practitioners or specialists who primarily treat adults.

For example, pediatricians must consider the child’s growth and development when diagnosing and treating medical conditions. They must also be skilled in communicating with children and their parents, as children may not always be able to articulate their symptoms or concerns effectively.

Additionally, pediatricians often collaborate with other healthcare providers, such as pediatric nurses, child psychologists, and social workers, to provide comprehensive care for their young patients. This multidisciplinary approach ensures that all aspects of a child’s health and well-being are addressed.

Understanding this distinction is critical when it comes to detecting pediatric malpractice and seeking justice for your child. By familiarizing yourself with the specific red flags associated with pediatric malpractice, you can act swiftly when necessary.

Common Scenarios in Pediatric Malpractice

While we all hope that our children will receive the best care possible, it’s important to be aware of the potential scenarios where pediatric malpractice may occur. Let’s take a closer look at some common examples:

  • Misdiagnosis or Delayed Diagnosis: This happens when a healthcare provider fails to accurately diagnose a child’s medical condition or delays the diagnosis, leading to potential harm or worsening of the child’s health. This can result in unnecessary treatments, prolonged suffering, or even irreversible harm.
  • Surgical Errors: These errors can include wrong-site surgery, incorrect incisions, harm to surrounding organs or tissues, or leaving surgical instruments inside the child’s body. Such mistakes can have severe consequences, causing pain, infections, or long-term disabilities for the child.
  • Medication Errors: These errors can involve prescribing the wrong medication, administering incorrect dosages, or failing to consider potential drug interactions or allergies. Such mistakes can lead to adverse reactions, complications, or even life-threatening situations.Inadequate monitoring during treatment
  • Inadequate Monitoring: This lack of monitoring occurs when healthcare providers fail to closely monitor a child’s condition during medical procedures, surgeries, or while on medications. This lack of monitoring can result in delayed recognition of complications, worsening of the child’s condition, or failure to provide timely interventions.
  • Failure to Obtain Informed Consent: It happens when healthcare providers fail to adequately inform parents or guardians about the risks, benefits, and alternatives of a particular treatment or procedure. This lack of informed consent can lead to unexpected complications, unnecessary procedures, or a breach of trust between the healthcare provider and the child’s family.

These scenarios, while distressing to think about, highlight the importance of staying vigilant when it comes to your child’s medical care. By recognizing the warning signs, asking questions, and getting second opinions, you can take immediate action to ensure the well-being of your little one.

Critical Red Flags: Common Medical Diagnoses Tied to Malpractice

A mom holding her newborn baby in the hospital.

When it comes to pediatric malpractice, certain medical diagnoses are more frequently associated with negligence. By educating yourself about these red flags, you can act swiftly if your child’s health is at risk. 

Some common medical diagnoses tied to malpractice include: 

  • Cerebral Palsy: This is a condition that affects muscle control and movement. When it is caused by birth injuries, it can be a clear indication of medical negligence during the delivery process.
  • Hypoxic-Ischemic Encephalopathy (HIE): This condition occurs when the brain does not receive enough oxygen and blood flow, leading to potential long-term disabilities. If HIE is a result of medical errors, it is crucial to take appropriate legal action to hold the responsible parties accountable. 
  • Brain Injuries Resulting From Surgical Errors: Surgeries are complex procedures that require precision and expertise. Any mistake made during surgery can have devastating consequences, especially when it involves the brain. It is essential to thoroughly investigate such cases to determine if medical malpractice played a role.
  • Wrongful Death Due to Medication Errors: This is a heartbreaking outcome that can occur when healthcare providers make mistakes in prescribing or administering medication. These errors can have severe consequences, and it is important to seek legal advice to ensure justice for your loved one.
  • Misdiagnosis or Failure to Diagnose: Delayed or incorrect diagnosis can significantly impact a patient’s prognosis and treatment options. If you suspect that your child’s illness was misdiagnosed or was not diagnosed at all, it is crucial to consult with a medical malpractice lawyer to explore your legal options.

Keep in mind that these red flags are not definitive evidence of malpractice, but they should prompt further investigation and, if necessary, consultation with a medical malpractice lawyer. It is essential to gather all relevant medical records, consult with experts, and thoroughly evaluate the circumstances surrounding your child’s condition to determine if malpractice occurred.

How to Spot Pediatric Malpractice

When it comes to the well-being of our children, we always want to ensure that they receive the best possible care. However, there are instances where medical providers may fail to meet the expected standards, leading to pediatric malpractice claims. It is important to be aware of the warning signs and take appropriate action if you suspect any negligence.

Some of the warning signs you can watch out for include:

  • Frequent Misdiagnoses or Delayed Diagnoses: This can be a cause for concern as it indicates that the medical provider may not have accurately assessed your child’s condition, potentially leading to delayed or incorrect treatment. It is essential to be vigilant and seek a second opinion if you have any doubts about the diagnosis provided.
  • Unexplained Complications During Treatment: While some complications may be unavoidable, it is important to question and understand the reasons behind them. If you feel that the complications were a result of negligence or improper care, it is crucial to address the issue promptly to ensure your child’s safety and well-being.
  • Unreasonable Delays in Referrals to Specialists:  If your child’s condition requires specialized care or expertise, timely referrals are essential. Any unwarranted delays in obtaining the necessary referrals may result in a delay in receiving appropriate treatment, potentially compromising your child’s health.
  • Incorrect Prescriptions or Medication Errors: It is essential to ensure that the prescribed medications are accurate and appropriate for your child’s condition. Any errors in prescribing or administering medication can have serious consequences and should not be taken lightly.
  • Failure to Properly Monitor Your Child’s Health During Treatment: Adequate monitoring is crucial to ensure that your child is responding well to the treatment and to identify any potential complications early on. If you feel that your child’s health is not being adequately monitored, it is important to address this issue with the medical providers involved.

Remember, if you notice any of these warning signs, it is crucial to take action. Trust your instincts as a parent and seek a second opinion or consult with a medical malpractice lawyer to determine if your child’s health has been compromised due to negligence. Your child’s well-being should always be a top priority, and it is important to advocate for their rights and safety.

The Devastating Impact of Birth Injuries

Birth injuries, potentially resulting from medical errors or negligence during childbirth, can affect the child and their family for a lifetime. Therefore, recognizing the signs and seeking legal redress is important. Parents may be eligible for compensation for both immediate and future medical costs related to the incident.

Recognizing Signs of Birth Trauma

Common symptoms of birth trauma observed in newborns include abrasions, bruises, or swelling on the infant’s face, head, or shoulder, a ‘floppy’ appearance indicating lack of muscle tone, and a hoarse cry or respiratory stridor caused by laryngeal nerve paralysis. It is crucial to identify these symptoms early on, as birth trauma can have long-term consequences on a child’s development. Developmental delays, attention deficit disorder, autism, anxiety, depression, behavioral and learning difficulties, and lasting medical issues such as nerve damage and brain damage are some potential ramifications for the child.

Diagnosing birth trauma in a newborn may involve CT or MRI of the head, an Apgar test, and clinical symptoms such as difficulty suckling or swallowing and speech delays. Seeking medical advice for an accurate diagnosis is important as it typically involves a range of medical tests like physical examination, imaging tests, Apgar Score assessment, and blood tests.

Legal Recourse for Birth Injury Victims

Pursuing legal action in medical malpractice cases is important to hold negligent healthcare providers accountable and secure compensation for affected clients. Parents filing a birth injury claim may receive compensation for current and future medical costs related to the incident. Some of the typical birth injuries associated with medical malpractice include:

  • Brain damage
  • Intrauterine fetal demise
  • Intraventricular hemorrhage
  • Kernicterus
  • Cerebral palsy
  • Brachial plexus injuries
  • Bone fractures
  • Shoulder dystocia
  • Persistent pulmonary hypertension

Consulting a qualified attorney specifically practicing medical malpractice is recommended when seeking legal redress for a birth injury. The attorneys at Peter Angelos Law can guide families through the legal proceedings, gather evidence, and strive for compensation for the child’s harm.

By holding medical providers accountable, we can help safeguard other individuals they may inadvertently injure in the future and ensure that justice is served for the affected families.

Pediatric Medication Errors: A Troubling Concern

Pediatric medication errors, occurring at any stage from prescription to administration, can have serious implications for young patients. These errors, including wrong medication, can involve healthcare providers such as doctors, pharmacists, and nurses.

Consequences of Incorrect Pediatric Prescriptions

The dangers of incorrect pediatric prescriptions and their impact on a child’s health and well-being cannot be overstated. Inaccurate prescriptions can have serious repercussions, such as temporary or permanent effects like itching, rashes, or skin disfigurement.

The most frequently observed types of incorrect pediatric prescriptions are incorrect dosing and incorrect frequency. In extreme cases, medication errors can result in severe patient injury or even death. Hence, implementing measures to prevent medication errors in children to ensure their safety and health is necessary.

Holding Healthcare Providers Accountable

Accountability of healthcare providers for medication errors is key to protecting others from potential future harm. Legal actions against healthcare providers for medication errors can include:

  • Filing a medication error claim
  • Starting a medical malpractice lawsuit
  • Proving negligence
  • Asking for damage compensation.

Ensuring accountability for medication errors necessitates the implementation of structures and processes designed to prevent errors, detect errors prior to patient exposure, and enhance patient safety. Healthcare providers must remain vigilant and abstain from risky practices to avoid causing harm to their patients.

When Medical Providers Fail Our Children

A mom holding the hand of her newborn baby who has monitoring wires.

Healthcare providers may face challenges in diagnosing a condition or during a surgical procedure when caring for children. Such difficulties can result in misdiagnosis, delayed diagnosis, or surgical complications, greatly affecting a child’s life.

Diagnostic Challenges in Pediatric Care

Diagnosing pediatric conditions can be difficult and misdiagnosis or delayed diagnosis can severely impact a child’s health. Inappropriate treatment due to inaccurate diagnosis can worsen the patient’s condition or lead to further complications. Medical records play an essential role in determining whether a healthcare provider acted negligently or deviated from the standard of care during the diagnostic process.

The potential consequences of misdiagnosis or delayed diagnosis can be severe, particularly in cases of serious, life-threatening conditions like cancer. A delayed or incorrect diagnosis of cancer can result in the cancer growing and spreading to other parts of the body, potentially reaching a stage where it is no longer treatable. Physicians must adhere to a rigorous diagnostic process, employing the process of elimination to accurately identify a patient’s condition.

Surgical Complications in Young Patients

Surgical procedures, especially if not performed correctly, can pose a significant risk to patients. Surgical errors can lead to injuries with long-term effects, such as:

  • Nerve damage
  • Organ damage
  • Infection
  • Internal bleeding

Anesthesia errors can also cause lasting harm and numbness, making patients eligible to file a claim.

Holding medical providers accountable for surgical complications is essential in ensuring that patients receive the care they deserve and preventing future instances of harm. Families of young patients who have experienced surgical complications due to medical negligence can seek legal recourse, including filing a medical malpractice claim and pursuing compensation for damages.

Legal Protection for Child Victims of Medical Negligence

Children who are victims of medical negligence have legal protections allowing them to seek both economic and non-economic damages. Although these protections may vary by jurisdiction, they typically include the right to compensation for medical expenses, pain, suffering, and other related damages. Moreover, there are laws in place to protect children from abuse and neglect, including medical neglect. It is prudent to consult with a qualified attorney with experience in medical malpractice cases to comprehend the particular legal protections available in your jurisdiction.

The legal system provides an avenue for child victims of medical negligence and their families to seek accountability from responsible parties. By pursuing legal action and securing financial compensation, families can alleviate the burden of medical expenses and support their child’s recovery. This process can be complex, but with the help of experienced attorneys, such as from Peter Angelos Law, families can navigate the legal landscape and ensure their child’s rights are protected.

Navigating Maryland’s Medical Malpractice Laws

Understanding Maryland’s medical malpractice laws can be difficult, especially for families facing the emotional and financial stress of pediatric medical malpractice cases. In Maryland, individuals who have suffered an injury due to medical malpractice have a five-year window from the date of the incident to file a lawsuit. It is important to be aware of the statute of limitations and other specific requirements for pediatric cases in Maryland to ensure that your child’s rights are protected.

Medical records play a crucial role in proving pediatric medical malpractice cases and establishing negligence. These records can provide evidence of the treatment provided, such as any errors or deviations from the standard of care, and help demonstrate that a “reasonable and prudent” physician would have acted differently in similar circumstances. In Maryland, there is no limit on economic damages, but there is a cap on noneconomic damages, which is currently set at $905,000. However, the final amount can vary significantly based on the unique circumstances of each case.

Comprehending Maryland’s medical malpractice laws and seeking professional legal advice is important for a favorable outcome for your child’s case. Qualified attorneys can help families navigate this intricate legal field and hold healthcare providers responsible for their actions.

The Role of Medical Records in Proving Your Case

Medical records are of critical importance in pediatric medical malpractice cases, providing evidence to establish the standard of care, document treatment provided, and identify any deviations or negligence. These records are often viewed as reliable and probative evidence by courts, allowing families to build a strong case against medical providers who have failed their children.

Accurate documentation of your child’s experience and collection of all pertinent medical records is important for building a strong case. These records can serve as a vital source of evidence in proving negligence and demonstrating the extent of harm caused by medical malpractice. Engaging an experienced attorney to help gather and analyze medical records can significantly improve the chances of a successful outcome for your child’s case.

Steps to Take If You Suspect Your Child Is a Victim of Medical Malpractice

If you suspect your child is a victim of medical malpractice, immediate action is needed to safeguard their rights and health. Initial steps include:

  1. Obtaining medical attention from a different doctor
  2. Securing a copy of your child’s medical records
  3. Documenting your child’s experience in a journal
  4. Consulting a medical malpractice attorney from Peter Angelos Law

Accurately documenting your child’s experience is crucial in building a strong case and holding medical providers accountable for their actions. Medical records play an essential role in providing evidence of negligence in pediatric medical malpractice cases, as they can demonstrate the treatment provided, such as any errors or deviations from the standard of care.

By gathering all necessary documentation and seeking the help of an experienced attorney, families can ensure that their child’s rights are protected and pursue the compensation they deserve. Choosing the right legal representation is critical in navigating the complex landscape of medical malpractice law and achieving a successful outcome for your child’s case.

Helping Prevent Pediatric Malpractice

When it comes to your child’s health, it is crucial to choose a reputable doctor who specializes in pediatrics. A pediatrician has the knowledge and skill to provide the best care for your child. Take the time to research and find a doctor who has a good reputation and a track record of success in treating children.

As a parent, it is essential to be an active participant in your child’s medical decisions. Don’t be afraid to ask questions and voice your concerns. By being involved, you can ensure that your child receives the appropriate care and treatment. Remember, you are your child’s advocate.

Keeping detailed records of all medical appointments and treatments is another crucial step in preventing pediatric malpractice. This includes documenting the dates, times, and details of each visit, as well as any medications or treatments administered. These records can be invaluable in case of any misunderstandings or disputes regarding your child’s medical care.

Staying informed about your child’s condition and treatment options is vital. Take the time to educate yourself about your child’s diagnosis, prognosis, and available treatment options. This knowledge will empower you to make informed decisions and ensure that your child receives the best possible care.

Seeking second opinions when necessary is another proactive step you can take to prevent pediatric malpractice. If you have any doubts or concerns about your child’s diagnosis or treatment plan, don’t hesitate to seek the advice of another qualified healthcare provider. Getting a second opinion can provide you with peace of mind and help you make the best decisions for your child.

By following these proactive steps and being actively involved in your child’s medical care, you can significantly reduce the chances of falling victim to pediatric malpractice. Remember, prevention is key, and your child’s well-being should always be your top priority.

Contact Us to Seek Justice For Your Child

Discovering that your child has been a victim of pediatric malpractice can be devastating. However, remember that you are not alone. Obtaining justice for your child’s injury is within your reach.

If you suspect pediatric malpractice, consult with a medical malpractice lawyer with experience in handling cases involving children. At Peter Angelos Law, we can guide you through the legal process, investigate the circumstances surrounding your child’s case, and fight for the compensation your child deserves.

Pediatric medical malpractice is a complex and emotionally charged issue that can have lasting consequences for both children and their families. By understanding the intricacies of medical malpractice, recognizing the signs of birth trauma and medication errors, and seeking legal protection, families can hold negligent medical providers accountable for their actions and pursue the compensation they deserve.

Trusting experienced legal representation, such as Peter Angelos Law, ensures a favorable result for your child’s case and provides much-needed support during this challenging time. Selecting Peter Angelos Law for your child’s case offers experienced legal representation, a successful track record, and a commitment to community initiatives. For more than five decades, our firm has been serving Maryland residents, dealing with various complex personal injury cases, including pediatric medical malpractice.

Our track record speaks for itself, as we have successfully recovered $4.5 billion for the state of Maryland in its largest case against the tobacco industry. In addition to our legal achievements, Peter Angelos Law is also committed to supporting community initiatives, such as sponsoring the Maryland Food Bank’s Lawyers’ Campaign Against Hunger.

By choosing Peter Angelos Law, families can trust that their child’s case will be handled with the utmost care, experience, and dedication to obtaining the justice they deserve. Call us today at 410-705-2405 to speak with a Baltimore medical malpractice lawyer and begin the process for justice.

Frequently Asked Questions

How long do you have to sue for medical malpractice in Maryland?

In Maryland, victims of medical malpractice must file suit within five years of the date of injury or three years from the discovery of the injury, whichever comes first.

What is the statute of limitations on legal malpractice in Maryland?

In Maryland, the statute of limitations for legal malpractice cases is generally three years. However, various exceptions may apply.

What are the four legal elements required for a successful medical malpractice case?

To successfully pursue a medical malpractice case, one must establish duty, breach of duty, causation, and damages.

What types of birth injuries can result from medical malpractice?

Birth injuries caused by medical malpractice can include brain damage, cerebral palsy, HIE, spinal cord injuries, infection, placental abruption or insufficiency, premature birth, and jaundice.

How do medical records play a role in proving pediatric medical malpractice cases?

Medical records play an essential role in proving pediatric medical malpractice cases by providing evidence of the care given and demonstrating any departures from the standard of care. They can also show how a “reasonable and prudent” physician would have acted differently in similar circumstances.