Texas Pediatric Medical Malpractice Attorney 

Experienced Texas Attorneys for Families with Pediatric Medical Malpractice Claims 

Few moments in life are more difficult than learning that your child has been harmed. This is especially true when your child’s harm could—and should—have been avoided. Sadly, pediatric malpractice cases are shockingly prevalent, and many parents find themselves in need of an experienced pediatric medical malpractice attorney. 

At Oberheiden P.C., we help parents pursue pediatric malpractice claims against their children’s healthcare providers. This includes pursuing claims against pediatricians as well as pursuing claims against other specialists who provide all forms of diagnosis, treatment, and care. We have extensive experience dealing with healthcare providers and their malpractice insurance companies; and, while we work to secure favorable settlements for our clients whenever possible, we are fully prepared to fight for parents’ legal rights in court when necessary. 

What Constitutes Pediatric Medical Malpractice?

So, when can (and should) you file a claim for pediatric medical malpractice? Generally, filing a medical malpractice claim requires proof that a healthcare provider or medical facility deviated from the requisite standard of care. 

This means that not all medical mistakes constitute medical malpractice. Recognizing that doctors must necessarily make judgment calls in some cases, the law excuses mistakes in appropriate circumstances. If your child’s doctor was forced to make a judgment call and got it wrong, your family may not have a claim. 

However, many mistakes do constitute medical malpractice—and determining whether a medical negligence warrants a pediatric malpractice claim requires a thorough evaluation of the specific facts and circumstances involved. Every family’s circumstances are unique, and as we discuss in greater detail below, pediatric medical malpractice can take many different forms. 

With this in mind, if you have concerns about the quality of the pediatric care your child received for any reason, you should absolutely talk to a pediatric malpractice lawyer about your family’s legal rights. Sitting down for a free consultation does not obligate you to move forward, and at Oberheiden P.C., we are more than happy to help you make informed decisions about your next steps–including whether to file a pediatric malpractice lawsuit.

When you speak with an experienced pediatric malpractice attorney at Oberheiden P.C., your attorney will carefully examine the facts and circumstances surrounding your child’s care. Your attorney will also go over the claim process with you and provide a preliminary assessment of your family’s claim. Based on this initial assessment, you can then decide what to do next, and if you decide to move forward, you and your attorney will work closely together for the remainder of the process. 

Common Examples of Pediatric Medical Malpractice in Texas

Many types of medical mistakes can represent deviations from the requisite standard of care. Depending on the facts and circumstances involved, all of the following can potentially justify a claim for pediatric medical malpractice: 

Delayed Diagnosis 

Diagnostic errors are among the most common mistakes leading to pediatric medical malpractice claims. This includes failing to timely diagnose a child’s health condition or a delayed diagnosis. 

While delayed diagnoses can be dangerous under any circumstances, they can be especially dangerous in the pediatric care setting. This is due to two key factors: (i) young children’s bodies often are not as capable of withstanding health issues; and (ii) untreated health issues can interfere with young children’s physical and cognitive development. If your child received an accurate diagnosis too late—meaning that your child suffered complications as a result—your family may have a pediatric medical malpractice claim. 

Misdiagnosis 

Misdiagnoses can justify pediatric medical malpractice claims as well. When a pediatric patient receives a misdiagnosis, this can have two very different—but equally dangerous—outcomes: (i) the child does not receive the treatment he or she needs; and (ii) the child receives treatment for a condition he or she does not have, which can present risks for a variety of additional complications. 

Even if your child’s pediatrician or other doctor eventually corrected his or her diagnosis, this does not excuse a diagnostic error that caused your child harm. If your child was misdiagnosed for any length of time, any resultant injury or illness may have triggered damages that your family is entitled to recover. 

Failure to Treat (and Treatment Errors)

Of course, providing an accurate diagnosis is just the first step. Once a child has been diagnosed, the child also needs to receive appropriate treatment—including emergency treatment when necessary. 

Yet, even with a timely and accurate diagnosis, failure to treat is still a very real concern. Treatment errors are very real concerns as well. From failing to administer necessary medications to improperly setting broken bones and making other all-too-common mistakes, numerous treatment-related errors can have long-term (if not permanent) effects and leave children and their families facing a lifetime of significant losses. 

Medication Errors 

While failing to administer necessary medications can be classified as a form of failure to treat, medication errors warrant a discussion of their own. Along with failure to administer, these errors can also include administering the wrong medication, overdosing, underdosing, administering multiple medications despite contraindications, and administering medications to which a child is allergic. While the consequences of medication errors can vary widely, these errors will sadly have life-altering (if not life-threatening) consequences in many cases. 

Surgical Errors 

Surgical errors can have life-altering or life-threatening consequences as well. These medical errors include failing to timely perform a necessary procedure (i.e., unnecessarily delaying an appendectomy), performing the wrong procedure, performing the right procedure in the wrong location, causing internal trauma during surgery, and leaving surgical tools or sponges in a child’s body, among others. 

Anesthesia errors can also present serious risks during pediatric surgical procedures. From allergic reactions to administering too much of a potentially dangerous anesthetic, various issues can jeopardize children’s health and present risks for mortality. 

Put our highly experienced team on your side

Dr. Nick Oberheiden

Founder

Attorney-at-Law

Lynette S. Byrd

Former DOJ Trial Attorney

Partner

Brian J. Kuester

Former U.S. Attorney

Hon. Kevin McCarthy

55th Speaker, U.S. House of Representatives (ret.)

Government Consultant

Mike Pompeo

Of Counsel

Former U.S. Secretary of State

John W. Sellers

Former Senior DOJ Trial Attorney

Linda Julin McNamara

Federal Appeals Attorney

Nicholas B. Johnson

Former Prosecutor

Roger Bach

Former Special Agent (DOJ)

Chris J. Quick

Former Special Agent (FBI & IRS-CI)

Michael S. Koslow

Former Supervisory Special Agent (DOD-OIG)

Ray Yuen

Former Supervisory Special Agent (FBI)

Common Consequences of Pediatric Medical Malpractice 

All forms of pediatric malpractice can have serious consequences that can impact the rest of the children and their parents’ lives. The following are just examples of the potential consequences of a pediatrician’s negligence: 

• Birth injuries
• Deforming and disfiguring injuries 
• Developmental delays and disorders 
• Hearing or vision impairments 
• Infant jaundice 
• Infections
• Internal trauma 
• Juvenile diabetes 
• Pneumonia 
• Respiratory complications 
• Sepsis

These consequences (among others) can lead to significant financial and financial costs for child patients and their families. If your family has a pediatric medical malpractice claim, we can help you understand how much your family is entitled to recover—not only for your child’s future medical expenses, but for your family’s other financial and non-financial losses as well. 

FAQs: Filing a Claim for Pediatric Medical Malpractice in Texas

Schedule a Free Consultation with a Texas Pediatric Medical Malpractice Attorney Today 

Do you need to know more about filing a pediatric medical malpractice claim? If so, we can help, and we strongly encourage you to get in touch. To schedule a free initial consultation with an experienced pediatric medical malpractice attorney at Oberheiden P.C. as soon as possible, call 866-781-9539 or tell us how we can help online today.  

Disclaimer:
The content on this site is informational only and describes mere allegations. The content does not suggest evidence, proof, or guaranteed liability. The merits of each case depend on specific facts. Prior results do not guarantee similar outcomes in future cases. For more details, please see our FTC and general disclaimers. Oberheiden Law is the law firm in charge.