Do I Need a Pediatric Malpractice Attorney?

Pediatric Malpractice Attorneys specialize is handling cases for children that are victims of medical malpractice.  It is a sub-specialty for the types of medical treatment that children receive, and the types of problems that tend to occur.  Of course, just like with medical treatment, a generalist malpractice attorney can handle many of these cases, but it is usually better to go with a lawyer that is more knowledgeable about this particular area.  A really good malpractice lawyer will know everything about the medical procedures for the case, almost as much as a doctor!

Did you know that it could be malpractice for some orthopedists to treat children with broken bones?  That’s because children have growth plates which an orthopedist that treats adults may not have enough experience with.  A good orthopedist will refer the child to a pediatric orthopedist.  So the same goes with the attorney, who is familiar with adult orthopedic malpractice, but might not be aware of the details of growth plates and what might constitute malpractice by an orthopedist treating a child.

Let’s review the sub-specialties, starting in the womb:

PRE-NATAL CARE/LOST PREGNANCY: Negligent pre-natal care can lead to problems that children and parents might have to deal with for many years, or even permanently.  Sadly, improper prenatal care can also lead to the loss of a pregnancy.  Pediatric malpractice attorneys know what are the proper prenatal care procedures are, so it is easy for them to spot mistakes, and know how serious they are.  They usually can tell the difference immediately between something that went wrong that could not be prevented, and something that could easily have been avoided.

WRONGFUL BIRTH: These are cases where proper genetic testing was either not offered or done incorrectly so that parents chose to continue a pregnancy which sometimes dire results.  Children were born with serious developmental problems, that are extremely expensive to care for, and with extremely limited or non-existent quality of life.  These are the saddest cases, and present tremendous conflict for the parents, who have a child they are claiming in a lawsuit literally should not have been born.  These lawsuits are obviously controversial and spur protests by groups that promote rights for the disabled.

Children don’t always offer all the information and complaints that you may need to determine whether malpractice has ocurred, so if you suspect it has, it might be helpful to consult with a pediatric malpractice attorney who can guide you with questions to ask your child about symptoms and side effects.


2018-08-27T11:38:03+00:00By |0 Comments

About the Author:

Alyce Wittenstein is a world class attorney, blogger and filmmaker. She began working at the firm in 1985 as a managing paralegal, learning all the practices and procedures of the firm from Mr. Wittenstein and the staff. From 1995-1998, she attended CUNY Law School where she made a mark as a teaching assistant for Civil Rights leader Haywood Burns. She founded a Human Rights Delegation to Haiti and studied Constitutional Law with Supreme Court Justice Ruth Bader Ginsburg. Working at the Equal Opportunity Employment Commision (EEOC), she learned a great deal about Employment Discrimination matters. She brought her knowledge of the Personal Injury practice and her passion for Civil Rights to the firm when she was admitted to the Bar in 1999. In 2000, she became a partner and the firm name was changed to Wittenstein & Wittenstein, Esqs. PC.

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