high law office, pllc
The Law and Pediatric Liability
Medical malpractice cases are brought to court when a doctor fails to meet the legal standards for professional care. When this negligence has brought injury or harm to a patient, the doctor can and should be held liable for the claims therein. The plaintiff will have their day in court, and at that time must prove by a preponderance of evidence standard that the doctor failed to live up to the standards of care. While this standard differs within various jurisdictions, it generally means the doctor must use the knowledge and skill expected of a doctor with his level of experience and commensurate with his professional standing as a physician. Pediatricians are considered to be specialists in their practice and are therefore held to the standards of their specialty. These standards are higher than the minimum standards of a general practice physician and thus they are more likely to be held liable for negligence in a case. Our children deserve the best care, as injuries to children can carry life long consequences. We prosecute pediatric injury claims aggressively.
When bringing a claim of pediatric liability against a physician, it involves the plaintiff alleging in a court of law that the doctor owed the patient a standard of care commensurate with his standing as a specialist in the field of pediatrics and he failed to perform to that standard. After this has been established, the plaintiff can then demonstrate that the negligence caused some form of harm to the patient and injury or damages occurred as a result of the doctor’s failure. The damages available in the field of pediatric liability are by and large the same as those involved with any malpractice suit. Pain and suffering, mental anguish and distress, lost work time and earnings, medical expenses, and loss of life’s enjoyment are all valid damages in a court of law in a malpractice suit.
Parents also have a claim, but it is subject to a one-year statute of limitations in Tennessee. Children have until their 19th birthday, subject to a three-year statute of repose in Tennessee.