You are never as vulnerable as a parent as when your child is injured or hurt. The emotional impact is enhanced if the harm they’ve suffered is caused by negligence by a medical professional or facility. We turn to doctors to help our children live healthy lives that allow them to grow and thrive, but if your child is injured instead, the devastation you experience can be challenging to overcome. If your child was harmed by medical malpractice, you need the skilled legal representation of our experienced medical malpractice lawyers in Harrisburg, PA, to back you up.
Filing a Claim against the Hospital
Hospitals are held legally responsible for harm caused by their employees, which means you may be able to file your claim with the hospital’s medical malpractice insurance provider. Some doctors, however, are independent contractors rather than employees of the hospitals they serve. If so, you may need to file your claim directly with the doctor’s medical malpractice insurer.
Medical malpractice cases are legally challenging, and there are situations in which you can file your claim against the hospital even when the at-fault doctor isn’t their employee. Generally, hospitals have more comprehensive insurance coverage, which means they are often a better source of compensation in the face of serious medical malpractice. In other words, it’s complicated, and you need the professional legal counsel of a determined medical malpractice lawyer in your corner.
The Elements of Medical Malpractice Claims
To prove that your child was injured by medical malpractice, you’ll need to establish each of the following elements:
- Your child was owed a duty of care, which is met by the doctor-patient relationship.
- If your child’s doctor did not live up to the medical profession’s standard of care, which is determined by what their professional peers would have done under similar circumstances.
- As a direct result, your child was injured and suffered legal damages – or losses covered by the law.
Taking the Right Steps Forward
If your child was injured during their stay in the hospital, taking all the following steps can help you protect them and your medical malpractice claim:
- Seek the immediate medical attention your child needs and follow through by ensuring they receive all follow-up care.
- Discuss your situation with a compassionate medical malpractice attorney as soon as possible.
- Allow your proactive lawyer to communicate with the insurance company.
- Stay off social media while your claim is pending.
It’s important to note that the insurance company handling your claim will do what it can to keep your settlement low and is well-versed in turning claimants’ statements and posts against them. This is why limiting your communication with the insurance company is an excellent plan.
Discuss Your Concerns with Our Experienced Medical Malpractice Attorneys in Harrisburg Today
Our capable and dedicated personal injury and medical malpractice lawyers have the experience, legal skills, and drive to help you, and we’re squarely on your side. Learn more by contacting us online or by calling 717-876-8681 and schedule a free consultation today.