Action Plans for Parents Considering Filing a Medical Malpractice Claim on Behalf of Their Children



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When a child is harmed during a medical procedure, the parent is usually the person that has to consider filing a claim for medical malpractice. However, there are some well-informed young persons that know when this should occur and when the issue is merely a bad outcome and not malpractice.

Those instances where the situation requires assistance to recover medical treatment costs due to concerns that arise during a healthcare process often necessitate legal representation for various reasons. A lawyer may explain when to file suit and how to proceed with matters in the legal arena. The child in question may or may not be questioned about whether he or she would like to pursue action.

Injuries to Kids

There are often different procedures in collection compensatory payouts for minors that have been harmed during medical processes based on states and the age of the person. It has been determined in most cases that a young person may have a right to repayment for pain and suffering, injuries that have become permanent or instances of disability. These are usually the same as when an adult must seek compensation. However, in addition to the monies received for the adolescent, the parent has an equal but separate right to receive compensation for medical bills he or she must pay for the procedure the youth went through.

Because a child is not legally permitted to negotiate a claim for compensation, the parent of the young person must do so on his or her behalf. Some states require the parent or guardian to obtain approval of the judge presiding over the case before anything may be completely settled. This process usually only demands simple forms and filing in the court for approval of the claim. If an insurance company is involved, it may provide the forms necessary as well as any instructions needed to file them. The settlement should be properly approved and have all correct steps submitted to prevent a future claim by the child in an attempt to seek further compensation.

Children Causing Accidents

One legal avenue open to the defending party in order to prevent compensation being provided is to attempt to prove the child caused the accident or medical issue. This could be successful depending upon various factors to include the age of the young person. If he or she is no older than seven, the understanding that certain risks may arise based on the actions he or she completes is not usually available. Holding these younger children liable for the incident is not usually possible. They are not old enough to understand they have been careless in their actions.

However, the legal party may hold the parent liable for the incident and damages even if the child was harmed in the process. This would be considered negligence on the part of the parents involved. However, after a certain age based on the state, the young person may be held responsible for his or her actions with intentional harm and injuries that transpire. This is usually when another individual has been harmed through the intentional acts of the adolescent. This could be seen in items thrown causing damage as well as physical altercations. If the child cannot be held liable, the defending party may attempt to hold the parents responsible.

Proving Liability

Because the defending party often attempts to prove that the child or parent is responsible for the incident, the lawyer hired for those seeking compensation must prove the physician, healthcare facility or others involved in the issue are actually liable for the injury sustained. Evidence of the medical procedure, an expert healthcare witness providing testimony and other processes may be used to identify who is responsible for the instance. Once the correct party has been revealed, the legal procedures may continue and compensation may be determined. This is one reason hiring a lawyer is so important when the case becomes complicated.

Filing a Claim for Medical Malpractice Concerning Accidents

There are many instances where the child has been harmed through an accident. These could be at home, on the road or in a public place. While many of these issues hold the physician responsible for additional injuries sustained through medical processes, there may be another party liable for harm that occurred. Accidents could be caused by a third-party, and public incidents may be the fault of someone that was negligent or intentionally causing harm to another. When directed at children, it is important the parent consults a lawyer to determine who to pursue compensation from. If the medical treatment to correct both issues is greater than the healthcare facility or physician may provide, the third-party may be a viable option.


Provided by HG.org


Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer.
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