When a child is hurt by medical malpractice in a hospital, or by a doctor, the effects can be devastating.
What is available to a child hurt by medical malpractice?
When a child is the patient harmed by medical malpractice, there are a number of factors to consider to make sure the child gets a full recovery. And remember, a child can be injured in utero, before they are born or due to medical malpractice in treating the mom when she was pregnant - like not screening for or treating an infection that leads to premature delivery and a severely premature baby. That child can suffer from the effects of prematurity and have a medical malpractice case.
Legally, we call the compensation for someone harmed "damages" - really the harms and losses someone now has because of negligence or malpractice, and these can vary depending on: how badly the person is injured, whether they can work, whether they need future medical and nursing care at home, and a number of other factors.
One of the factors we always look to is what types of services, therapies and resources can help the child now, and in the future. For example, a child who is developmentally delayed may benefit from early intervention, occupational therapy and neuropsychological testing and evaluation to determine the best way to maximize his or her potential. That will depend on the child's needs, of course, but we look for everything we can to get the money and resources that child needs.
So, we look at all of the future care and treatment available that will make the child's life better - additional nursing care if the child or young person can't care for themselves (and respite care for the family who often provide the majority of the nursing care), tutors, counseling, physical therapies. We work with experts to evaluate the child's needs and the cost to get the child everything he or she needs and work to prove it as an important part of the medical malpractice case against the doctor or hospital.
We've published resources on medical malpractice in DC, Maryland and Virginia for parents who are facing this issue. Please order a book, guide or report - they are free, helpful and written for you.
And like all parents, the people we work with just want the best for their child and family. So if you're strugling with whether or why your child was hurt by medical malpractice and want to learn more about what you can do about it to help your child's future, call us at (202) 393 - 3320.