How to Make a Medical Malpractice Claim for a Child

Medical malpractice is something that no one ever thinks will happen to them.

It’s traumatic enough when it happens to an adult, but when a child is the victim of a medical malpractice situation, everything feels heightened and that much more stressful.

As a parent, it is up to you to be their advocate, to fight for them and make sure they are cared for.

With that said, it will also be up to you to make a medical malpractice claim for your child.

If this is the situation you find yourself in, it’s important to be aware of the steps necessary on your part in order to make the medical malpractice claim.

Here are the basic steps you’re going to want to take:

Start with Obtaining All Medical Records

The first place to start is by obtaining all of your child’s medical records, and thanks to electronic medical records, or EMRs, this is much easier than it was in the past.

Currently, about 90% of health records have switched to an EMR system, and that number is growing by the day, so electronic files are certainly commonplace.

These electronic files are not only easier for you to access, but they’re easier to share with your lawyer, which will help them to build a claim on behalf of your child.

Understand That Each State is Unique

In terms of the compensation that your child may be eligible for, keep in mind that this will depend on the child’s age and the state in which the medical malpractice occurred.

In other words, there is no blanket compensation formula that is used to cover all medical malpractice claims.

Typically compensation is based on pain and suffering, and of course how extensive, severe, and even permanent the damages/disability is.

Consult a Lawyer as Soon as Possible

Because medical malpractice is a very serious claim, and there will be a lot involved in proving your claim, it’s best to contact a lawyer as soon as possible.

They will be able to discuss your specific case and provide you with information on what you can expect if you move forward with the claim.

They can also tell you what your odds of winning the case will be, what kind of timeline will be involved, and what will be needed on your end. This is where those electronic medical records will be needed so the lawyer can take a look.

When hiring a lawyer, be sure to look for one that has specific experience with medical malpractice claims, and preferably with children.

This will give you peace of mind since they know what they are doing, and you can then ask for their track record in terms of how many cases they have won/lost.

It May Take a While to Settle

If you’re looking for a quick resolution to the medical malpractice claim, you may be in for a surprise, as these claims can take a fair amount of time to settle, so be prepared for that from the onset.

Just remind yourself you are advocating for your child, regardless of how long a resolution takes.

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