Pediatric medical malpractice cases in Florida present unique challenges. Children often cannot clearly communicate their symptoms, placing greater responsibility on pediatricians to accurately diagnose and treat young patients. However, when pediatricians fail, medical errors in a child’s treatment can lead to severe or even fatal consequences. Medical malpractice cases involving children are among the most complex personal injury claims. The fundamental laws are the same as for adults, yet the nuances related to a child’s age add layers of complexity. To establish malpractice, it must be shown that the pediatrician was negligent, failing to meet the standard of care expected in their profession.
If you believe your child’s pediatrician was by any form negligent, you may have grounds to hold them accountable. At Dolan Dobrinsky Rosenblum Bluestein we specialize in tackling such challenging cases. Contact us for a free consultation with a medical malpractice attorney.
Special Timeframes for Minors: Pediatric Malpractice Lawsuits in Florida
In Florida, pediatric malpractice cases are governed by specific laws, including defined time limits for filing lawsuits. The statute of limitations is typically 2 years, meaning that a lawsuit against a negligent pediatrician must be initiated within two years from the date the malpractice or injury was discovered, or should have been discovered.
However, there are exceptions to this rule. The statute of repose allows claimants to file a lawsuit within 4 years if the malpractice was not immediately discoverable. This is particularly important in pediatric cases where symptoms or consequences of negligence may not be evident right away.
In cases involving fraud, concealment, or intentional misrepresentation by the healthcare provider, there is a 7-year cap. This means that legal action can be taken up to seven years from the date of the incident.
For minors under the age of 8, the law in Florida provides additional protection. Any lawsuit must be filed before the child reaches the age of 18, but no later than eight years from the date of the incident. This ensures that young children, who may not immediately show signs of malpractice, are given a fair opportunity for legal recourse.
Common Types of Pediatric Malpractice Claims
Pediatric medical malpractice often involves certain errors that lead to legal claims:
- Medication Errors: These mistakes happen when a child receives the wrong medication or dosage. Children react differently to drugs because of their age and size, so these errors can be particularly harmful. Examples include giving medicine that’s not suitable for a child’s age, wrong dosages, or not considering how a medication might interact with others the child is taking.
- Misdiagnosis: Misdiagnosing or failing to diagnose a child promptly is a common issue. This can be dangerous, especially for serious illnesses like cancer or diabetes. Causes of misdiagnosis might include not properly evaluating symptoms, not ordering the necessary tests, or wrongly interpreting test results.
- Birth Injuries: These injuries occur due to poor prenatal care or errors during childbirth. They can range from brain damage, like cerebral palsy, to nerve damage or bone fractures. These injuries can affect a child’s health and development for their entire life.
Compensation and Negligence in Pediatric Malpractice
In Florida’s pediatric malpractice cases, a healthcare practitioner may be found liable if they provide treatment that deviates from the accepted standard of medical care. This standard is determined by considering what a physician with the same skill, training, and experience would do under similar circumstances.
The potential compensation in such cases depends on the severity and long-term impact of the child’s health problems caused by the malpractice. A medical malpractice lawyer plays a significant role in these cases. They can assess and determine the damages you are entitled to pursue. These damages often include the costs of medical treatment needed due to the malpractice, lost wages if parents had to miss work to care for the child, and compensation for pain and suffering, as well as emotional distress experienced by both the child and the parents.
The process of claiming these damages requires the expertise of medical malpractice lawyers to ensure that families receive the full extent of compensation they deserve for the losses and hardships they have endured.
Partner with Leading Medical Malpractice Attorneys at Dolan Dobrinsky
If your child has been a victim of pediatric malpractice in Miami, Florida, Dolan Dobrinsky Rosenblum Bluestein is here to help. With over $1 billion in settlements and trial verdicts, our expertise in medical malpractice law is proven. Call us today at 305-371-2692 for a free consultation and let us advocate for your child’s rights and well-being.