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Pediatrician Malpractice – Child Injuries & Accidents

Michael Agruss

Written and Reviewed by Michael Agruss

  • Managing Partner and Personal Injury Lawyer at 844SeeMike.
  • Over 20 years of experience in Personal Injury.
  • Graduated from the University of Illinois Chicago School of Law: Juris Doctor, 2004.

Pediatricians play a vital role in the care of infants, young children, and adolescents, and parents expect that their child’s doctor will provide the correct and effective medical care to keep them healthy. Unfortunately, pediatricians can make the same types of errors as other doctors, putting children at-risk due to their negligence.

If your child has been injured due to pediatric malpractice, contact 844 See Mike for a free consultation. We are a Chicago-based injury law firm representing individuals (and their families) who have suffered an injury in an accident. We will handle your case quickly and advise you every step of the way, and we will not hesitate to go to trial for you. Lastly, 844 See Mike is not paid attorneys’ fees unless we win your case. Our no-fee promise is that simple. You have nothing to risk when you hire us – only the opportunity to seek justice. 

Types of Pediatric Malpractice 

Medical malpractice occurs when a doctor fails to provide your child with a reasonable standard of care. When a pediatrician breaches this duty of care, they may be liable for the injuries and damages your child suffered due to their negligence. The most common types of pediatric malpractice that are seen include:

  • Prescription errors
  • Misdiagnosis
  • Delayed diagnosis
  • Treatment errors
  • Failure to warn of potential risks in treatments
  • Failure to refer a patient out to a specialist
  • Misinterpreting test results

Pediatricians are invaluable, but when they are negligent or make medical errors, their actions can have a negative impact on the lives of their patients. Children are more vulnerable than adults and the poor decisions of a pediatrician can be serious, even deadly.

Legal Liability for Pediatric Malpractice

According to the American Academy of Pediatrics (AAP), one in three pediatricians is involved in a medical malpractice lawsuit at least once in their careers. Medical malpractice cases typically claim that the negligent actions of a doctor were the cause of injuries that a child sustained while under the pediatrician’s care. For a malpractice case to be successful for the plaintiff, they must prove the following:

  • Duty of Care-When a pediatrician accepts a patient under their care, they establish the duty of care to provide their patients with a level of care that is reasonable and adequate.
  • Breach of Duty-Negligence occurs when a pediatrician breaches the duty of care they owed to their patient and their patient suffered injuries.
  • Causation-A plaintiff must establish that they suffered injuries and that those injuries were due to the negligent actions of the pediatrician beyond a preponderance of doubt. Expert testimony is often required to prove causation.
  • Damages-A plaintiff must suffer legally compensable damages in a pediatric malpractice case, which can include medical expenses, pain and suffering, lost wages and earning potential, disability and/or disfigurement, and wrongful death, to name a few.

In addition, the hospital or doctor’s office that employs a negligent pediatrician could be found liable for the injuries that their employees caused under vicarious liability. Under this doctrine, an employer may be held liable for the negligent actions of its employee, if the employee was acting within the scope of their employment when the injury occurred. However, this may not apply to a pediatrician that is considered an independent contractor. 

If your child was injured due to the actions or inactions of a pediatrician, contact an experienced personal injury lawyer to discuss your malpractice case. We can help you to determine who is liable for your child’s injuries and damages and ensure that your child receives the compensation they deserve.

We at 844 See Mike are proud to serve our fellow citizens in personal injury cases, especially when you or a loved one has been injured, and we are fully committed to protecting your rights and ensuring that the other party is held legally accountable when negligence occurs. We will fight until the very end to ensure that you are fully compensated for all injuries and losses resulting from the accident, including medical expenses, property damage, lost wages, and pain and suffering, and you won’t owe us a dime for our services. 

We see you as a person, not just a client – and that makes us better at work we do. We listen. We learn your story. And, as we help you get the money you deserve, we go above and beyond in a way most law firms never could and never would. Because we’re not just lawyers. And you’re not just a client. We’re friends, neighbors, family. We’re all people and here at 844 See Mike, we put People, First

Helping our clients is about counseling, advocating, and ultimately solving problems. With years of experience successfully representing the people, not the powerful, we will take care of the insurance adjusters, your medical bills, your property damage, your lost wages, and monitor your treatment so you can focus on healing and getting your life back to normal. Our unique formula has earned us over 900 outstanding client reviews on our website, an A+ BBB rating, and over 120 five-star reviews on Google.  Call 888-572-0176, e-mail us at michael@agrusslawfirm.com, or schedule meeting with us here. We’re here 24/7.

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