When a child is injured the parent is usually the person that has to consider filing for medical malpractice. There are times when a medical procedure just has a bad outcome and is not a case of malpractice. However, when this is not the case you will need legal help to recover medical treatment costs. This article will discuss differences in filing a medical malpractice claim in behalf of children.
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 malpractice case where injuries involve children. The main difference is in procedure as to compensatory payout for children involved in malpractice cases. An injured young person may have a right to payment for pain and suffering, permanent injuries or instances of disability. These are usually the same as when an adult seeks compensation. However, when it comes to monies received for the child, parents have an equal but separate right to receive compensation. The parent may receive compensation for medical bills that must be paid for the procedure the youth underwent.
Filing Children Claims
Children are not legally allowed to negotiate a claim for compensation. As such their parent must do so on their behalf. Some states require that the parent or guardian get approval from the judge presiding over the case before any settlement. When insurance companies are involved, the necessary forms may be provided with instructions on filing such forms with the court. The settlement must be properly approved and all steps correctly taken and submitted. This is to prevent a future claim by the child as an attempt to seek further compensation.
For legal advice and representation in a personal injury case involving a minor contact the Vinson Law Office.