Entrusting your child’s health to a pediatrician is a significant act of faith. You rely on their expertise to provide the best possible care, from routine check-ups to serious illnesses. When that trust is broken and your child suffers due to a medical professional’s negligence, the consequences can be devastating. Understanding your rights and options in Indiana is the first step toward seeking justice for your family.

Pediatric malpractice occurs when a pediatrician, or another healthcare provider, fails to provide a standard of care that another reasonably prudent professional would have under similar circumstances, resulting in harm to a child. This is not just about a bad outcome; it’s about a preventable injury caused by a medical error.

If you believe your child has been harmed by a pediatrician’s negligence, navigating the path forward can feel overwhelming. This guide will walk you through the signs of malpractice, your legal options in Indiana, and the steps you can take to protect your child’s future.

Identifying Pediatric Malpractice

It can be difficult for parents to distinguish between an unavoidable medical complication and an act of negligence. While not every negative outcome is malpractice, certain patterns and errors are common indicators. Recognizing these signs is crucial for knowing when to seek a second opinion or legal advice.

Common Signs and Errors

Suspecting malpractice often begins with a gut feeling that something isn’t right with your child’s care. Perhaps their condition worsened unexpectedly, or a diagnosis was significantly delayed despite clear symptoms.

Common examples of pediatrician malpractice include:

• Misdiagnosis or Delayed Diagnosis: Failing to correctly identify an illness like meningitis, appendicitis, or certain cancers in a timely manner.
• Birth Injuries: Negligence during labor and delivery that leads to conditions like cerebral palsy or Erb’s palsy.
• Medication Errors: Prescribing the wrong drug, an incorrect dosage, or a medication to which the child has a known allergy.
• Failure to Treat: Not providing appropriate treatment for a diagnosed condition, leading to further harm.
• Vaccination Errors: Administering the wrong vaccine, an incorrect dose, or causing injury during injection.
• Ignoring Parental Concerns: Dismissing a parent’s observations about their child’s symptoms, which can lead to delayed diagnosis and treatment.

If your child’s pediatrician has made one of these errors and your child has suffered as a result, you may have grounds for a malpractice claim.

Your Personal Injury Legal Options in Indiana

When you suspect pediatric malpractice, it is essential to understand the specific laws that govern medical negligence claims in Indiana. These laws outline the process for filing a claim and the time limits you must adhere to.

The Statute of Limitations

In Indiana, the statute of limitations for medical malpractice is a critical deadline. Generally, a claim must be filed within two years of the date the alleged malpractice occurred. For children under the age of six, the lawsuit can be filed up to their eighth birthday. Failing to file a claim within this time frame can result in you losing your right to seek compensation. Given these strict deadlines, it is vital to act quickly if you suspect malpractice.

The Medical Review Panel

Before you can file a lawsuit in court, Indiana law requires that your claim first be reviewed by a Medical Review Panel. This panel consists of three healthcare providers and one attorney. They will review the evidence and issue an opinion on whether the healthcare provider’s conduct met the applicable standard of care and if that conduct was a factor in the resulting damages. While the panel’s opinion is not binding, it is admissible as evidence in court and can significantly influence the case.

An experienced medical malpractice attorney is indispensable in this process. They can help prepare the submission to the panel, present your case effectively, and guide you on the next steps based on the panel’s findings.

Book a Free Consultation in Indianapolis Now ✅

Steps to Take if You Suspect Malpractice

Taking decisive action is crucial if you believe your child is a victim of malpractice. Following these steps can help protect your child’s health and preserve your legal rights.

1. Seek a Second Opinion: If you have concerns about the care your child is receiving, get a second opinion from another qualified pediatrician or specialist immediately. Your child’s well-being is the top priority.

2. Gather Your Records: Collect all medical records related to your child’s care. This includes doctor’s notes, lab results, prescriptions, and any communication with the healthcare provider. Document everything in a timeline, noting symptoms, appointments, and conversations.

3. Keep a Detailed Journal: Write down your observations about your child’s condition, the treatments they received, and how the alleged negligence has impacted their life and your family. This personal record can be powerful evidence.

4. Consult with a Medical Malpractice Attorney: Contact an attorney who focuses on pediatric malpractice cases in Indiana. They can evaluate the details of your situation, consult with medical experts, and explain your legal options. An initial consultation is typically free and provides a no-obligation opportunity to understand your rights.

Frequently Asked Questions

What kind of compensation can I receive in a malpractice case?

Compensation, or “damages,” can cover medical expenses (past and future), pain and suffering, long-term care needs, lost future earnings, and loss of enjoyment of life. In Indiana, there is a cap on the total amount of damages that can be recovered in a medical malpractice case.

How much does it cost to hire a malpractice attorney?

Most medical malpractice attorneys work on a contingency fee basis. This means you do not pay any attorney’s fees unless you receive a settlement or a favorable court verdict. The attorney’s fee is a percentage of the amount recovered.

What if the Medical Review Panel rules against me?

Even if the panel’s opinion is not in your favor, you still have the right to proceed with a lawsuit. An experienced attorney can help you understand the challenges this presents and develop a strategy to move forward with your case if prudent.

FINAL THOUGHTS

Discovering that your child’s injury may have been preventable is a heavy burden for any parent. The emotional and financial toll can feel insurmountable. You do not have to face this journey alone. Taking legal action can provide the financial resources necessary for your child’s long-term care and hold negligent medical professionals accountable for their actions.

If you suspect your child has been a victim of pediatrician malpractice in Indiana, it is crucial to seek legal advice from an experienced attorney. Understanding your rights and acting promptly can make all the difference in securing your child’s future.

Contact us today for a free, confidential personal injury case evaluation to discuss your situation and learn how we can help. We can work together to review your case, consider your options, and provide support at every stage.

Call for a No-Fee Consultation Now

Related Post: Pursuing a Medical Malpractice Lawsuit in Indiana: A Guide