Medical malpractice

Pediatric Malpractice Lawsuits: Protect Your Child’s Rights

June 19, 2025 by James McHugh, Jr.
pediatric malpractice

The reason for pediatric malpractice lawsuits isn’t something anyone wants to consider. As parents and caregivers, we want to be able to trust that our child’s doctors are competent and attentive, because when they aren’t, the consequences can be devastating. If your child has suffered an adverse medical outcome as a result of pediatric malpractice, you may want to speak with someone from the medical malpractice team at Lopez McHugh LLP to help you determine your legal options.

What is a Pediatric Malpractice Lawsuit?

A pediatric malpractice lawsuit is a lawsuit against a pediatrician or pediatric specialist who failed to treat a child within the established standard of care, causing significant injury or death. Malpractice might be an extension of negligence, in that a provider may provide negligent care. However, it typically does not constitute malpractice unless the negligence results in injury.

In a survey sent to members of the American Academy of Pediatrics, researchers found that more than 21% of pediatric physicians faced malpractice lawsuits over 28 years. This report showed that hospital-based physicians and subspecialists are more likely to face lawsuits.

Lopez McHugh LLP Sees Several Common Causes of Pediatric Malpractice Cases

Pediatricians may fail to provide adequate care in several ways, but some failures are more common than others. Some of the cases we see most often include:

  • Birth injury
  • Inadequate treatment
  • Missed diagnoses
  • Medication errors
  • Surgical errors
  • Anesthesia errors

The reasons for lawsuits are not often that different from what we see in a typical malpractice case for an adult, but they can often come with much higher emotions and a higher cost for those who suffered life-altering injuries as a result of physician negligence.

Children May Be Particularly Vulnerable to Suffering From Malpractice

When it comes to pediatrics, we categorize children into four groups: neonates or newborns, infants in the first year of life, children, and teens. While all categories of children often face additional vulnerabilities compared to adults, neonates and infants typically experience the highest. This can be due to:

  • The inability to communicate symptoms
  • Small bodies can make dosing errors more dangerous
  • Symptom variation based on development can make diagnoses more challenging

While these factors are undoubtedly challenging, they underscore the importance of physicians staying current on research and best practices. Ongoing training can support prompt and accurate diagnoses in children of various ages and developmental abilities.

Who Can I Name in a Pediatric Malpractice Lawsuit?

There are very few guidelines regarding whom you can name in a pediatric malpractice lawsuit. In most circumstances, this will be the medical provider who provided substandard care, which may include a physician, registered nurse (RN), nurse practitioner (NP), or other licensed medical or clinical staff. In some instances, you may even choose to name the facility that employed the providers if their policies or oversight contributed to your child’s injury.

Your Time to File a Pediatric Malpractice Claim is Limited

Many parents will choose to file a pediatric malpractice claim on behalf of their child when they determine that provide negligence caused the injury. Section 2A:14-2 of the New Jersey Code states that most medical malpractice cases should begin within two years of the cause of action.

When the cause of action is an injury occurring at birth, you may have up to twelve years to file a lawsuit. In some instances, the minor may appoint an adult to act on their behalf if no one has taken action by the 12th birthday.

The two-year statute of limitations will begin when the minor turns 18, allowing them to file a claim themselves if no one else has done so on their behalf. These differing timelines can become complicated, and many factors can influence the time you have, so speaking with an attorney is your best chance at maximizing your recovery.

Establishing Grounds for a Pediatric Malpractice Claim

Based on a meta-analysis of malpractice claims for emergency and urgent care treatment, it is evident that pediatric malpractice claims are not uncommon. However, they only pay out about 30% of the time, making it vital to build a strong case that supports the four components of negligence.

Duty of Care

You must establish that the provider has an established professional relationship with your child. This relationship establishes that they have a duty to provide medical treatment in accordance with the standard of care for their specialty.

Breach of Duty

Once we establish that duty of care, we must show that the physician failed in that duty. Oftentimes we demonstrate this by showing that they willfully caused harm or that the treatment did not align with the standard of care.

Cause

You must show that the physician’s breach of duty, or substandard care, caused harm. Victims most often use expert testimony or medical records to show the connection between the physician’s actions and the injuries the child sustained.

Damage

Last, you must provide evidence that this caused the damages for which you seek compensation. These may include medical bills, lost wages, or the costs of any supportive medical devices or therapeutic services. In some cases, you may be eligible to claim compensation for lost wages if you had to take time away from work to care for your child.

A Lopez McHugh LLP Medical Malpractice Lawyer Can Help You Recover the Compensation You Need

We trust our child’s medical providers with their lives, and when they are negligent in the care they provide, they should be held accountable. A pediatric medical malpractice lawsuit is more than recovering compensation to cover your expenses. It’s an opportunity to seek justice and take action to prevent negligent doctors from hurting anyone else.

At Lopez McHugh LLP, we advocate for the best interests of all of our clients. If you think that your child’s doctor was negligent and caused them harm, you can call us for a free case evaluation and determine your options. You don’t have to try to maneuver this alone. Call us today for the compensation you need to give your child the life they deserve.

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