The results of pediatric medical malpractice in California can be devastating. It can leave children with lifelong injuries and delayed development. It can even lead to the loss of a young life. Families going through this often face uncertainty about their legal rights.

That’s why it is crucial to know about California medical malpractice laws and how an experienced medical malpractice attorney can help.

Pediatric Medical Malpractice

Pediatric medical malpractice occurs when a healthcare professional’s care falls below the accepted medical standard. Unlike adult malpractice cases, pediatric claims can be complex. For example, they may include diagnosing nonverbal infants, evaluating growth and development, and addressing long-term complications. These cases are most commonly filed against obstetrics providers.

Common examples include: 

  • Misdiagnosis or delayed diagnosis of serious conditions, such as meningitis, sepsis, or cancer
  • Birth-related negligence leading to cerebral palsy, brain injuries, and developmental disabilities
  • Medication errors, like prescribing the wrong dosage for the child’s weight
  • Failure to monitor post-surgery recovery
  • Neglect in emergency care where timely intervention is essential

Each case requires an in-depth review of medical records, expert testimony, and a legal strategy tailored to pediatric care.

California Medical Malpractice Laws

In 2024, California reported over 3,900 medical malpractice claims filed. There have been over 107,000 total cases since 1990. Doctors must provide the level of care that another skilled medical provider would have under similar circumstances. If they don’t meet this standard and a child is harmed, it may be malpractice.

Under California medical malpractice laws, the time limit to file a claim is three years from the date of the injury or one year from discovering the issue. Missing the window can mean losing the right to recover compensation. That’s why consulting a medical malpractice attorney as soon as possible is critical.

California places limits on non-economic damages, such as pain and suffering, in medical malpractice cases. However, the state doesn’t cap compensation for medical expenses, ongoing care, and lost earning potential. The Superior Court of California, County of San Diego, usually handles medical malpractice cases in Oceanside and the surrounding areas.

The Impact of Medical Negligence on Families

When a child suffers due to malpractice, the effects stretch wide. Parents face emotional struggles, medical expenses, and uncertainty about the future. Some of the most common consequences include: 

  • -Long-term care costs. Children with permanent injuries may need therapies, surgery, or assistive devices to help with day-to-day life.
  • -Educational challenges. Developmental delays can require special education services and long-term support.
  • -Emotional trauma. Parents often struggle with guilt, anger, and the stress of navigating the healthcare and legal systems.
  • -Loss of earning capacity. If a child can’t work independently as an adult, it can place financial strain on the family for decades.

Steps to Take If You Suspect Pediatric Medical Malpractice

If your child’s injury or condition was linked to medical negligence, you need to act quickly. Some of the key steps to take if you suspect pediatric medical malpractice include: 

  • Get a second medical opinion. Another doctor can confirm whether malpractice may have occurred.
  • Gather medical records. Request copies of hospital records, prescriptions, and test results.
  • Document everything. Keep a journal of your child’s symptoms, treatments, and how their condition affects daily life.
  • Avoid signing anything without legal advice. Hospitals or insurance companies may push for quick settlements that do not cover long-term needs.
  • Hire a medical malpractice lawyer. An experienced attorney can look over your case and consult medical professionals to determine liability and potential compensation.

Why You Should Hire Kenneth M. Sigelman & Associates for a Medical Malpractice Claim

Hiring the right Oceanside medical malpractice attorney can be crucial for securing the resources your child needs for a brighter, healthier future. Kenneth M. Sigelman & Associates has decades of experience in pediatric and medical malpractice claims. We understand the nuances of medical terminology, expert testimony, and child development to fully support your case.

We’ve successfully represented families whose children have suffered because of healthcare provider negligence. Our team treats every case with compassion and personalized attention because you deserve compensation to care for your child.

FAQs

Q: What Is the Most Common Reason for Pediatric Malpractice Claims?

A: Some of the more common reasons for pediatric malpractice include delayed diagnosis or misdiagnosis. Child patients can present challenges because they often cannot clearly describe their symptoms, which can lead to worsening conditions. Failing to recognize or properly treat infections, meningitis, or appendicitis, for example, leads to much more serious harm. Medication errors and birth-related injuries can also lead to these claims.

Q: What Qualifies as Medical Malpractice in California?

A: In California, medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care, resulting in patient harm. This includes errors in diagnosis, treatment, medication, and surgery. Failure to obtain consent also qualifies. Economic damages, such as medical bills and lost wages, are not capped in the state. An experienced medical malpractice lawyer can assess the case’s viability and provide a greater chance of success.

Q: What Are the Four Criteria for Medical Malpractice?

A: Medical malpractice requires proving a duty of care, the breach of that duty, the causation of injuries, and resulting damages. A duty of care means that the provider-patient relationship existed, and the breach of duty demonstrates that the provider failed to meet the standard of care. The breach must have directly caused the injury or harm. Finally, the breach must have caused measurable harm. This means that the patient suffered financial or emotional losses because of the malpractice issue.

Q: What Is the Average Medical Malpractice Settlement in California?

A: Medical malpractice settlements in California vary significantly, as they are based on the severity of harm, medical costs, and liability. Minor cases settle for much less than a severe case that alters the patient’s life. California caps noneconomic damages but not economic damages, such as medical expenses and lost wages. Because every case is unique, it’s important to meet with a knowledgeable medical malpractice attorney.

Hire a Medical Malpractice Lawyer

You don’t have to face the challenges of pediatric medical malpractice in California alone. The law allows you to seek justice, and Kenneth M. Sigelman & Associates can represent you.

Contact us today to schedule a consultation. We can listen to your story, evaluate your case, and fight tirelessly for your child’s rights.