Infants, children, and young teenagers are susceptible to a wide array of medical and health issues that can have lifelong and potentially fatal outcomes. Although safe and swift medical treatment is important for all individuals, it is crucial for populations that are unable to articulate their symptoms or effectively advocate on their behalf. When medical professionals fail to appropriately treat young children, they may be liable under Florida’s medical malpractice statutes.
Florida law requires that medical professionals adhere to a reasonable standard of care when treating their patients. When a physician or other health care provider diverges from this standard of care, either by their action or by their failure to act, they may be liable to compensate their patients for the damages that they suffered. Under Florida’s medical malpractice statute, medical professionals owe children a “substantial duty of care.” This heightened standard means that these professionals must act reasonably in all aspects of their handling of the child’s medical care.
The American Academy of Pediatrics (AAP) lists pediatric medical malpractice lawsuits as one of the most common types of medical malpractice lawsuits brought against medical professionals. Some common incidents that result in medical malpractice are birth injuries, failures to diagnose, misdiagnoses, prescription errors, defective laboratory equipment, and surgical complications.
For example, in a recent case, a premature four-month-old infant died shortly after receiving his routine vaccines. The mother reported that the baby had a fever shortly after his shots, so she gave him medicine, and his father laid him on his back. A few hours later, the mother found him unresponsive in his crib. The medical examiner concluded that the baby died of Sudden Infant Death Syndrome because there were blankets in his crib. However, the family filed a lawsuit, alleging that he suffered an adverse reaction to his vaccines. Ultimately, the court concluded that the baby’s death was not because of the vaccines. While this case was decided against the parents, it exemplifies the importance of prompt pediatric follow-up care after vaccines.
Many seemingly common and benign conditions mask more severe illnesses and diseases, and this, combined with the inability of many children to articulate their pain, can result in medical malpractice. However, pediatricians and other medical professionals should be aware of these issues during their patient care, and they should adjust their care with these issues in mind.
Has Your Child Suffered Injuries Because of a Negligent Florida Health Care Provider?
If you or someone you know has suffered injuries because of the negligence of a physician or other medical professional, you may be entitled to compensation through a Florida medical malpractice lawsuit. The attorneys at Friedman, Rodman & Frank can help you understand your rights and remedies. At our Florida injury law firm, we have extensive experience handling even the most complicated pediatric malpractice lawsuits. Medical malpractice requires a thorough understanding of complex statutes, and lawsuits involving children often present additional challenges. We have helped countless Florida victims get the compensation that they deserve after negligent health care treatment. Contact our office at 877-448-8585 to schedule a free initial consultation with an attorney.