When a child is injured or dies due to medical negligence, the patient’s family is left with the consequences. Many families who find themselves dealing with the aftermath of pediatric medical negligence consider filing against the negligent party to help recover some of the financial and emotional costs. If an infant or child in your family was injured or died because of medical negligence, consider contacting an experienced New Mexico pediatric medical negligence attorney at Erin Marshall Law by calling (505) 218-9949 to schedule a consultation and learn more about your legal options.
What Constitutes Medical Negligence?
Medical negligence happens when a patient experiences an injury or an aggravated health condition due to inadequate care. Specifically, medical negligence occurs when a medical professional fails in his or her duty of care, and that failure causes the patient preventable harm.
According to an article published by the National Library of Medicine, when a doctor or hospital fails in its obligation to provide medical treatment while doing no harm to the patient, it can be considered a tortious liability. This is because there exists between the doctor and the patient what can be considered a contract, and a tort is a civil wrong against a contractual obligation. When there is a breach of contract, the parties often require a court to intervene and award damages to the injured party. In the case of medical negligence, the injured party would be the injured patient or the patient’s family.
What Are the Four Elements of Medical Negligence?
As published by the National Institutes of Health (NIH), an injured patient or the patient’s family must show that the negligent actions of the medical professional caused the patient’s injuries. To do this, four elements must be proven. These elements are also known as “the four Ds” according to another article published by the NIH. They are as follows:
- Duty: That the professional owed a duty of care to the patient
- Dereliction: That there was a breach in the duty of care
- Direct cause: That the breach in duty caused an injury
- Damages: That the injury caused economic or noneconomic damages, or both
Common Types of Pediatric Medical Negligence
Some of the most common pediatric medical negligence claims are for misdiagnoses, childbirth injuries, and medication errors. A misdiagnosis or delayed diagnosis may cause physical harm to an infant or child, as treating the wrong illness not only will delay treatment for the actual illness but also may harm the patient with unnecessary medications or procedures. Infants may be injured during birth, and the more serious injuries can cause life-long impairments. A medication error can occur in the form of a mistake in prescribing, transcribing, dispensing, administering, or monitoring the medication and its effects on the child.
When any of these or other preventable errors cause injury or death, the child’s family may have cause to seek damages to compensate for the current and future costs. In some cases, a judge may award the family with additional damages to ease the emotional toll that the negligence caused.
Medical Negligence vs. Malpractice
Although the terms may often be used interchangeably, medical negligence encompasses any deviation from the standard of care that a healthcare professional must provide. Medical malpractice is a type of negligence more closely related to a medical professional’s intent behind his or her actions or omissions that resulted in harm. To simplify, medical negligence is generally considered a mistake, while medical malpractice is typically more than a mistake because of a professional’s willful failure or awareness. In cases where injuries occur due to these mistakes, a skilled medical negligence lawyer from Erin Marshall Law may help to determine which term or terms apply to a particular situation.
Consequences of Pediatric Medical Negligence
Any type of pediatric medical negligence can mean serious consequences for the child and his or her family. Infants and children who are victims of medical negligence may suffer death or permanent physical impairment, developmental delays, and psychological trauma. The toll on families can be defined as either financial (economic) or emotional (noneconomic).
Financial Damages
Because expenses related to an injury caused by medical negligence have the potential to be ongoing into adulthood, the financial toll on a family can be immense. Depending on the injury, expenses can add up quickly and come from a variety of sources. Families or their insurance providers are generally responsible for expenses related to the birth, illness, or injury of a child. However, families may be able to seek compensation for the additional costs of an injury caused by medical negligence.
When a patient has been injured due to medical negligence, the family may suddenly be responsible for a variety of unexpected costs. If the injury causes long-term or permanent impairment, the family may need to purchase medical devices and visit specialists that would otherwise not have been needed. When birth injuries or medication errors cause developmental delays, the family may need to take the child to occupational therapy and physical therapy, often for several years. In cases where the injury caused psychological trauma, the family may need to find a therapist to help improve the child’s mental health.
Emotional Harm
The emotional toll of pediatric medical negligence on families comes from intangible losses that cannot be quantified in the same way as financial damages. These noneconomic damages can include parental distress and, for the child, pain and suffering, emotional distress, loss of enjoyment of life, impacts of disfigurement and scarring, and developmental delays. When attempting to name a monetary value for these damages, a judge will consider the child’s age and the severity of the injury.
Contact a New Mexico Pediatric Medical Negligence Lawyer Today
The financial and emotional toll of pediatric medical negligence on families can be considerable. When an infant or child suffers an injury due to a medical professional’s negligence, the family may be able to recover economic and non-economic damages to help with the initial costs related to the injury and the child’s ongoing care. If your family has experienced pediatric medical negligence in New Mexico, consider reaching out to the knowledgeable legal team at Erin Marshall Law by calling (505) 218-9949 to learn more about your options.
