Back-to-school season means sports physicals, vaccination updates, and routine checkups. Starting the school year with a clean bill of health is the goal, but what happens when back-to-school checkups go wrong?
When a child is harmed because a provider failed to meet the accepted standard of care, parents may have a pediatric medical malpractice claim. If you suspect your child has been a victim of medical malpractice, you must know your rights and how to respond.
Read on to learn what to do if checkups go wrong and how Bart Durham Injury Law can help you and your child get the justice you deserve when they do.
Bart Durham Injury Law provides excellent legal representation for residents of Nashville, middle Tennessee in complex injury cases, including medical malpractice. We offer comprehensive services that will guide you through every step, from initial consultation to courtroom litigation.
We handle our cases on a contingency-fee basis, meaning no attorney’s fees unless we recover money for you. If you or your child has suffered an injury due to medical malpractice, you can trust Bart Durham Injury Law's many years of experience to ensure you get the justice you deserve.
What is Pediatric Medical Malpractice?
Medical malpractice happens when a healthcare professional (doctor, nurse, hospital, clinic, or pharmacist) deviates from the accepted standard of care, which leads to an injury of a child.
Proving malpractice is detail-intensive and often requires expert testimony, careful review of records, and a strategic investigation. To succeed in such a case, you must prove:
- It was the medical professionals' sworn duty to provide care.
- The medical professional breached that duty.
- The breach of duty caused an injury to the patient, in this case, a child.
- The injury led to significant emotional, physical, or financial damage.
Parents rely on routine pediatric checkups like vaccinations, vision tests, and screenings to keep their children healthy. But if a checkup includes a misdiagnosis, medication error, or failure to screen properly, the consequences may be serious.
Bart Durham Injury Law’s seasoned medical malpractice attorneys in Nashville can guide you through proving the breach and securing compensation.
Examples of Pediatric Medical Malpractice in Back-to-School Checkups
Even “routine” visits can go off track. Examples that can support a medical malpractice claim include:
- Missed or Delayed Diagnosis: Missing signs of vision or hearing issues, developmental delays, or chronic conditions like asthma.
- Medication Mistakes: Administering the wrong medication or dosage to a child.
- Vaccination Errors: Administering the wrong vaccine, the wrong vaccination schedule, or poor documentation.
- Improper Screening or Documentation: Failure to assess allergies, vision loss, hearing loss, or blood pressure accurately.
- Wrongly Clearing a Child for Sports: Passing a physical despite red-flag history (fainting, chest pain, concussion risks) without appropriate follow-up testing.
- Communication Breakdowns: Not relaying critical lab or imaging results to families in a timely manner.
- Surgical or Referral Delays: After a concerning finding at a checkup, the medical professional does not refer the patient to a specialist in a timely manner.
A negligent act during what should be routine care can have long-lasting effects. These situations require the attention of a trustworthy medical malpractice attorney in Nashville who knows pediatric law and liability standards.
If your child has been harmed during a routine exam, reach out to Bart Durham Injury Law for compassionate and experienced representation. Call us at 800-844-1712 or visit us online to get started with a FREE consultation.
Legal Steps to Take If You Believe Your Child Was a Victim of Medical Malpractice
After a checkup, take note if your child experiences worsening symptoms, new side effects, or if you can’t get clear answers about abnormal results. If you suspect your child was a victim to pediatric medical malpractice, take the following steps:
- Seek Immediate Medical Help: Take your child to another hospital, doctor's office, or clinic for medical care and follow recommended treatment plans.
- Document Everything: Gather all medical records, test results, vaccination reports, and school health documents. A strong medical malpractice case depends on thorough documentation.
- Consult a Medical Malpractice Lawyer Early: Medical malpractice claims in Tennessee have strict deadlines and procedural requirements. Acting quickly helps your lawyer investigate, meet these deadlines, and fight for justice.
- File Your Claim Promptly: Alongside your lawyer, file your claim before the statute of limitations (usually one year from the date of the incident) expires.
- Do Not Overshare: Resist the urge to tell others about your situation. Do not post any information about your claim on the internet or on social media.
If you fear your child has been a victim of medical malpractice, partner with Bart Durham Injury Law for legal representation. We have the experience and determination to handle complex pediatric malpractice claims, fighting for your child’s right to care and justice.
Trust Bart Durham Injury Law to Protect Your Child’s Future and Your Rights
When what should be a routine back-to-school checkup leads to harm, families deserve justice and peace of mind that only comes from partnering with a trusted medical malpractice attorney.
At Bart Durham Injury Law, we provide excellent legal representation for residents of Nashville, middle Tennessee, and southern Kentucky - guiding families through every step of the legal process with compassion and determination.
Our team is committed to holding negligent medical providers accountable while fighting for the compensation your family deserves.
If your child has suffered from pediatric medical malpractice, contact Bart Durham Injury Law today for skilled, local representation you can trust!
Get started by calling us 24/7 at 800-844-1712 or by visiting our website to schedule your FREE consultation.
