When a child is injured the parent is usually the person who shoulders the responsibility of filing a claim for medical malpractice. However, there are instances where a medical procedure may just have a bad outcome and is not a case of malpractice. In instances where the situation requires assistance in order to recover medical treatment costs due to concerns that arise during any healthcare process this necessitates legal representation for numerous reasons. This article will discuss action plans for parents that are considering filing a medical malpractice claim in behalf of their children.In any medical malpractice claim it is necessary to have a lawyer to explain when to file a lawsuit and how the procedure will go along in such matters. The same is true when it comes to filing a medical malpractice case where injuries involve children. There are often different procedures in relation to compensatory payout for children that have been harmed during a medical process that are based on the state as well as the age of the individual. When speaking with regards to personal injuries suffered by adults and minors one lawyer stated, “It must be noted that in most cases when a young person is injured they may have a right to payment for pain and suffering, injuries that have become permanent or instances of disability. These are usually the same as when an adult must seek compensation. However, when it comes to monies received for the adolescent, parents have an equal but separate right to receive compensation for medical bills that he or she must pay for the procedure the youth underwent.”
Because a child is not legally allowed to negotiate a claim for compensation his or her parent must do so on the child’s behalf. Some states require that the parent or guardian get approval from the judge presiding over the case before any settlement has been made. When insurance companies are involved, the necessary forms may be provided as well as instructions required upon filing such forms with the court. It is important that the settlement be properly approved and have all correct steps submitted in order to prevent a future claim by the child as an attempt to seek further compensation.
It is important to note that while it is possible to bring about a claim against another person because of the injuries sustained by a child; the defendant themselves may proceed to attempt to prove that the child caused the accident or medical issue they are claiming for. However, it must be noted that ‘children under the age of 7 cannot be held legally liable for their actions as they are considered to not be old enough to understand that they have been careless in their actions’. That being said where the child is older the legal party may hold the parent liable for the incident and damages even if the child was harmed in the process.
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