Does My Child Have a Medical Malpractice Case?

When a child suffers harm due to medical negligence, it can be a devastating experience for parents. Understanding medical malpractice claims is essential if you believe a healthcare provider’s mistake led to your child’s injury. This guide will walk you through the legal process, helping you determine if you have a case and what steps to take.  

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What Is a Medical Malpractice Claim?

A medical malpractice claim arises when a healthcare provider fails to meet the standard of care, resulting in harm or injury to a patient. In cases involving children, malpractice can have lifelong consequences, including developmental delays, disabilities, and chronic medical conditions.

Who Can Be Held Responsible?

Medical malpractice claims can be filed against:
  • Doctors (pediatricians, surgeons, specialists)
  •  Nurses (for improper care, failure to monitor, medication errors)
  •  Hospitals and Clinics (if negligence occurs at a medical facility)
  •  Pharmacists (for prescription or dosage mistakes)
  •  Other Medical Professionals (radiologists, anesthesiologists, emergency room staff)
If your child has suffered due to medical negligence, proving a doctor-patient relationship is the first step in filing a claim.  

Did a Doctor-Patient Relationship Exist?

The first step in proving malpractice is establishing that the healthcare provider had a duty of care toward your child. This means that a doctor, nurse, or hospital had an obligation to provide competent medical treatment. If they failed to do so, and your child was harmed as a result, you may have a case. Example: If your child was seen by a paediatrician, but the doctor misdiagnosed a serious condition, this constitutes a doctor-patient relationship—and a potential failure in duty of care.  

Was There Medical Negligence?

A bad medical outcome alone does not prove malpractice. To have a valid claim, you must show that the healthcare provider failed to meet the accepted standard of care for the situation.

Common Examples of Medical Negligence:

Misdiagnosis or Delayed Diagnosis
  • Failing to diagnose meningitis, pneumonia, or appendicitis in time
  • Incorrectly diagnosing a severe condition as a minor illness
Surgical Errors
  • Performing surgery on the wrong body part (wrong-site surgery)
  • Anaesthesia mistakes leading to complications
Medication Errors
  • Prescribing or administering the wrong drug or dosage
  • Failing to check for allergic reactions or harmful drug interactions
Birth Injuries
  • Cerebral palsy due to lack of oxygen during delivery
  • Improper use of forceps or vacuum extractors causing brain injuries
Failure to Monitor or Treat a Condition Properly
  • Ignoring signs of infection in a newborn
  • Failing to monitor a child’s worsening condition after a medical procedure
Medical negligence cases are complex, requiring expert testimony to establish that a doctor or hospital failed to provide proper care.  

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Did the Negligence Cause Harm?

Proving causation is one of the biggest challenges in a malpractice case. Even if a doctor made an error, you must show that the mistake directly caused injury or worsened your child’s condition. Example: If a doctor delayed diagnosing meningitis, and as a result, your child suffered permanent brain damage, you may have a strong case. Since medical conditions can have multiple causes, expert witnesses (such as independent doctors) may be required to connect the negligence to the harm suffered.  

Did the Injury Result in Significant Damages?

To justify a medical malpractice claim, the injury must have led to measurable damages, such as:

Medical Expenses

  • Hospital bills
  • Surgery and treatment costs
  • Future medical care for permanent conditions

Pain and Suffering

  • Emotional distress
  • Physical pain and discomfort

Disability or Long-Term Impairment

  • Developmental delays
  • Permanent disability (e.g., brain damage, paralysis)

Lost Quality of Life

  • The child can no longer enjoy the same activities
  • Loss of independence due to lifelong medical conditions
If your child’s injury required ongoing care, rehabilitation, or future medical treatment, seeking compensation may be necessary to ensure they receive proper care.  

Is There Still Time to File? (Statute of Limitations)

Every state has a legal deadline (statute of limitations) for filing a medical malpractice claim. If you miss the deadline, you may lose the right to seek compensation.

Exceptions for Minors:

  • Many states extend the deadline for children, allowing parents to file a claim years after the injury occurs.
  • Some states allow claims to be filed until the child reaches 18.
Action Step: Check your state’s specific laws or consult a medical malpractice attorney to ensure your claim is filed on time.  

Next Steps: How to Strengthen Your Case

If you suspect medical negligence, taking these steps can help build a strong case:

Gather Medical Records

  • Obtain all doctor’s notes, test results, and hospital records.
  • These documents serve as evidence of misdiagnosis, delayed treatment, or errors.

Document Symptoms & Changes

  • Keep a journal of your child’s symptoms, treatments, and any worsening conditions.
  • Record any emotional or physical distress caused by the injury.

Consult a Medical Malpractice Attorney

  • Many lawyers offer free case evaluations to determine whether you have a strong claim.
  • They can help you understand potential compensation and legal options.

Consider a Medical Expert Review

  • A medical expert can analyze your child’s records to confirm whether malpractice occurred.
 

NOTABLE RESULTS

Selected results involving medical malpractice reported by The Epstein Law Firm, P.A.:

$1,500,000 verdict · $10,000,000 settlement

Read more about these results
  • $1,500,000 verdict — Medical malpractice verdict involving doctors who injured a patient during treatment. Published case source
  • $10,000,000 settlement — Confidential home health care settlement involving failures in training and oversight. Published case source

Read the firm’s published verdicts and settlements

Prior results do not guarantee a similar outcome. Each case is different and must be evaluated on its own facts.

WHAT OUR CLIENTS SAY

These excerpts describe experiences with the firm. They are not identified as cases in this practice area and do not predict another outcome.

“They took the time to explain everything clearly, making sure I understood my options and felt comfortable with each step of the process.”

— R. S. · Read the full Google review

“Michael and his team were incredibly responsive, always keeping us informed and addressing any questions or concerns promptly.”

— s. v. · Read the full Google review

Awards & Professional Profiles

No aspect of this advertisement has been approved by the Supreme Court of New Jersey. Rating methodology

Frequently Asked Questions 

How much does it cost to hire a medical malpractice lawyer?

Most medical malpractice lawyers work on a contingency fee basis, meaning you pay nothing upfront. They only get paid if you win the case.

How long does a medical malpractice case take?

Malpractice cases can take months to years to resolve, depending on the complexity of the case and whether a settlement is reached.

Can I sue for emotional distress?

Yes, compensation for pain and suffering, including emotional distress, can be included in your claim.

What if my child’s injury was caused by a hospital, not a specific doctor?

Hospitals can also be held liable for staff negligence, inadequate training, or unsafe conditions. Your attorney can determine the best course of action.  

Final Thoughts: Protecting Your Child’s Rights

If your child has suffered harm due to medical negligence, you don’t have to go through it alone. The legal system exists to hold healthcare providers accountable and help families get the compensation they deserve.

Take Action Today

  • Gather medical records
  • Document all symptoms and medical treatments
  • Speak with a qualified medical malpractice attorney
A legal expert can help you understand your options and fight for justice on behalf of your child. Contact The Epstein Law Firm, P.A. today for a free consultation!

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Does My Child Have a Medical Malpractice Case?

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Published Writings by Michael J. Epstein

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