Is My Child’s Misdiagnosis Considered Medical Malpractice? By Gary Zucker on July 22, 2023

A doctor examining a child’s mouthWhen parents take their children to the doctor, they should feel confident in the level of care their children receive. But when a pediatrician fails to meet the expected standard of care, it can result in unimaginable harm.

At Zucker & Regev, P.C., our pediatric malpractice attorneys help families recover compensation for damages while holding medical professionals liable for their negligence. If you want to discuss legal remedies for misdiagnosis for your child in Brooklyn, NY, please contact our pediatric malpractice attorneys as soon as possible.

When Is Misdiagnosis Considered Pediatric Malpractice?

When a misdiagnosis occurs, it can lead to a child being treated for the wrong condition or failure to treat the actual problem. Both of these scenarios can cause harm to the patient. 

Although a misdiagnosis is not the best outcome for a patient, it doesn’t automatically mean malpractice occurred. In order to be considered pediatric malpractice, a pediatrician must have failed in meeting a certain standard of care, leading to negligence.

Additionally, the doctor’s negligence must also cause harm to the patient to be considered malpractice. Harm to the patient may be a new injury directly related to the misdiagnosis or it may be the exacerbation of a preexisting condition.

Some examples of pediatrician negligence include:

  • Failure to review a patient’s medical history
  • Delayed diagnosis of an injury or illness
  • Failure to look further into irregular diagnostic tests
  • Failure to provide a complete examination of a patient and to address concerns about their condition

Misdiagnosed Conditions in Children

A misdiagnosis can prevent a child from receiving proper treatment, putting them at risk of injury or in some cases death. Some conditions that may cause harm when misdiagnosed in children include:

  • Viral and bacterial infections
  • Leukemia
  • Brain cancer and other cancers
  • Meningitis
  • Appendicitis
  • Pneumonia
  • Testicular torsion
  • Developmental disorders
  • Asthma
  • Intestinal issues
  • Allergic reactions
  • Side effects from medication
  • Broken bones

Is a Misdiagnosis Grounds for a Medical Malpractice Lawsuit?

A misdiagnosis can be grounds for a medical malpractice lawsuit in Brooklyn. When considering whether or not to pursue a medical malpractice lawsuit, it’s important to speak with a medical malpractice attorney to determine if you have a strong case. A medical malpractice attorney can gather evidence to support claims that a misdiagnosis caused harm to the patient.

In order to pursue a medical malpractice lawsuit for your child, you will need to be able to demonstrate that:

  • A doctor-patient relationship existed
  • The standard of care was not met by your child’s pediatrician
  • The doctor’s negligence caused injury or illness to your child
  • The doctor’s negligence caused an existing condition to worsen

Through a medical malpractice lawsuit, it may be possible to recover compensation for medical expenses related to the injury or illness, mental anguish, physical pain, and loss of consortium.

Contact Zucker & Regev, P.C.

If you believe your child’s misdiagnosis was the result of a pediatrician’s negligence, you may be able to recover damages through a medical malpractice lawsuit. To discuss your claim and learn more about your legal options, please schedule a consultation with our Brooklyn medical malpractice attorneys.

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Zucker & Regev

Zucker & Regev, P.C. Personal Injury & Medical Malpractice Lawyers

At the Law Firm of Zucker & Regev in Brooklyn, NY, we represent victims of negligence, medical malpractice, wrongful death, and other personal injury cases with dozens of verdicts worth over $1 million. Our attorneys are affiliated with:

  • The American Bar Association
  • The New York State Bar Association
  • The Brooklyn Bar Association
  • The American Trial Lawyers Association
  • The New York State Trial Lawyers Association

If you are the victim of a personal injury or medical malpractice case, we want to help you. Schedule a consultation today by contacting us online or calling (718) 624-1211.

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