You entrusted your child to a Kentucky doctor. Later, you found out that trust was misplaced. You want to file a pediatric malpractice claim, but first, you need to know whether the doctor violated the standard of care. The answer to that question in many cases is not a simple one.
Before the issue of standard of care can be assessed, a relationship between your child and the doctor needs to be established. Until the doctor owes a duty of care to your child, the rest does not matter. By attending an appointment with a doctor or taking your child to an emergency room or urgent care facility, you established that relationship.
Now another physician in the same field would need to review the situation to determine whether your child's doctor met the appropriate standard of care. Numerous factors other than just what is in the medical records are considered. The facility where your child was treated and the equipment available are just two of those factors. If the other doctor renders an opinion that your child's care failed to meet the appropriate standard of care, your next step may be to file a claim. It may also be possible to include the medical facility that employed the doctor as part of the claim as well, along with anyone else who may have played a role in the harm your child suffered.
Like other malpractice cases, pediatric malpractice cases are complex. It would be a challenge to attempt to pursue such a claim alone. A Kentucky attorney who routinely practices in this area may be able to help ensure that you present the best claim possible in order to receive the restitution and justice to which you and your child are entitled.
Source: FindLaw, "What Is a Doctor's Duty of Care?", Accessed on Sept. 24, 2017