Understanding Your Rights as a Parent in Pediatric Injury Cases

Medical malpractice can cause immense harm to victims. When neglect hurts children, it can be distressing for parents to see their child in pain and not know what actions they can take. If your child is suffering a pediatric injury due to malpractice, you have rights as their parent.

You have the right to pursue damages on your child’s behalf and for your own losses, and you have the right to seek the help of a lawyer. These cases are tough, but a Florida medical malpractice lawyer can help you understand your rights as a parent and fight on behalf of your child.

You Have the Right to Seek Legal Representation

After your child’s injury, your focus is on your child and their health needs. The idea of holding the hospital or a provider accountable might feel impossible. Insurance companies are hard to deal with, especially if they are representing large facilities, and you may feel pressured to avoid action or take whatever settlement they give you.

However, you have the right to seek the help of a personal injury lawyer who focuses on medical malpractice cases. This representation allows you to avoid the stressful and confusing back-and-forth with insurance companies, and it gives you someone who knows what it takes to fight for fair compensation for your child.

Picking the right medical malpractice lawyer for your child is a major decision and not one to take lightly. You can reach out to multiple firms to weigh your options. You will want to ask many questions about the firm’s experience and results, and you will want to ask about their assessment of your case.

You Have the Right to File a Lawsuit on Behalf of Your Child

Your child is the victim, but their age means that they cannot take legal action on their own behalf. Thankfully, parents and legal guardians like you have the right to represent their children in a malpractice suit.

You can make decisions in your child’s best interests, and a lawyer will help you weigh these decisions. If your child’s malpractice case is successful, the settlement or verdict will likely need court approval. Your pediatric malpractice attorney can advise you of any steps or requirements needed to make sure your child receives their settlement.

Time Is of the Essence When Filing a Pediatric Injury Claim

Florida Statutes § 95.11 outlines the statute of limitations for medical malpractice claims. While victims have the right to take legal action, they must do so within this specific timeframe. Those who file a lawsuit after this deadline might miss their chance to seek compensation.

When it comes to pediatric injuries from malpractice, state law does offer certain limited extensions based on a child’s age; however, these extensions do not apply to all pediatric malpractice cases. This deadline is quite complex and best evaluated by a malpractice attorney. They can assess the start date of this statute of limitations and see how long your family has to act. The sooner you can reach out, the better.

Parents Have the Right to Pursue Damages for Losses

A pediatric injury can cause your child significant pain and leave them with intense medical needs for months, years, or even their lifetime. These injuries have very real and pressing financial implications for your family, both now and in the future. Your child may be suffering mentally and emotionally, and you are also probably in significant amounts of distress.

You have the right to seek damages for your child, yourself, and other eligible parties affected by this malpractice. Some losses you could pursue include:

• Medical Expenses: Your child’s injuries can result in many medical expenses over months or years. You can seek damages that pay for expenses like surgery, physical therapy, mental health services, medications, assistive devices, and hospital stays, among others. If your child is expected to have more or continuous medical needs, you can also seek these damages.
• Loss of Earning Potential: After a pediatric injury, your child’s life may never be the same. The harm done by a negligent provider could mean that their future is not secure. Your child may not be able to work at all as an adult, or they may be limited with what kinds of jobs they can take, all because of a pediatric injury.
• Pain and Suffering: No child should ever have to suffer, but medical malpractice can leave your child with severe emotional and mental distress. Even parents have the right to seek compensation for pain and suffering and other emotional losses. Whatever intangible losses your child and you have suffered, a lawyer can pursue on your behalf.
• Travel Expenses: Your child may need specialized medical attention to address their injuries. Your family may need to make trips that require significant travel expenses in order to receive care.
• Future Education and Development Needs: Your child’s injuries could mean that they develop behavioral, physical, developmental, or physical disabilities. They may have specific educational needs or need a regular health aide to help them. A lawyer will work with experts who can help estimate these possible costs.
• Wrongful Death Losses: If medical neglect has caused the passing of your child, you still have a way to hold the at-fault party responsible for this terrible loss. Parents have the right to seek compensation for any emotional losses and associated financial losses, like hospital bills. No money can truly make up for this tragedy, but your family deserves to find some measure of justice and make an example of a negligent provider of facility.

You have the right to seek these and other losses, so do not give up. A Florida malpractice attorney can ensure your child’s losses are fairly assessed, so your family can seek what is owed to them.

Find a Firm That Respects Your Family’s Rights and Needs

One healthcare provider’s mistake can cause a lifetime of hurt and loss, and the full impact of medical malpractice on a child and their family is difficult to imagine. The Florida pediatric injury lawyers at Freidin Brown, P.A. are here to protect the rights of children and their parents.

We handle many kinds of pediatric injury cases all over the state, and we’d like to speak with you today. Our goal is to provide compassionate representation that provides results, so speak to our team now. We offer free consultations, and we can meet in person at our Miami and Fort Myers locations or by phone or Zoom.