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What It Takes: How To File A Medical Malpractice Lawsuit On Behalf Of A Minor

Though medical malpractice is incredibly disturbing when it happens to anyone, when children are the victims, it’s especially heinous. 

Studies show that over 50% of minors who are victimized by a doctor’s carelessness or willful intent to cause harm are killed by these errors. Even if the child survives, they will likely suffer from extreme and lasting physical and/or mental damage. 

If you want to file a medical malpractice lawsuit on behalf of a minor, you need to know what it takes to file. 

Consider this post the first step towards justice, and bringing those responsible for these horrific crimes to light. 

Common Reasons for a Minor’s Medical Malpractice Lawsuit 

First, let’s talk about what a medical malpractice case filed on behalf of a minor usually covers. 

If your child suffered from a birth injury, has a birth defect due to a failure of diagnosis or a misdiagnosis, dealt with consequences from medication mismanagement, or was injured or killed during surgery or even a routine minor operation you are absolutely entitled to file a lawsuit on their behalf. 

Brain injuries usually make up the highest percentage of malpractice claims filed for minors. 

Statute of Limitations

Each state will have a different statute of limitations on filing a medical malpractice lawsuit on behalf of a minor.

However, usually, the suits need to be filed within 8-10 years of the incident. It also usually needs to be filed before the child turns 22 years old. Still, this is longer than the statute of limitations for adult medical malpractice cases. 

You may be able to receive a diagnosis if a foreign object was discovered in the child, if a cancer diagnosis was missed, or, in some cases, if the event led to a permanent disability. 

Work With an Attorney

The most important thing you can do for your child is to work with an experienced attorney. 

Remember that you will need to be able to prove that your child was injured or killed as a direct result of the negligence, and not from any kind of pre-existing condition. 

You and your attorney will also have to prove that, in fact, medical negligence and malpractice did happen. This often requires lots of documentation, medical examinations/autopsies, and even testimony. 

It is incredibly difficult to maintain your composure and make sound judgments when you are fighting on behalf of a minor. 

Having an attorney on your side is invaluable when it comes to getting the results you want and understanding the court/settlement process. 

It’s Time to File the Medical Malpractice Lawsuit

As the parent of a minor child injured or killed due to medical negligence, you have every right to file a medical malpractice lawsuit. 

The compensation won’t bring your child back or make them better, but it can protect other children from a similar fate. 

When you’re ready to learn more about what to expect from the legal process – and how to find a good attorney – check back in with our site for more advice on your next steps. 

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