No parent wants their child to be the victim of injury by a medical professional. Unfortunately, in this imperfect world, these things happen, and it’s up to you to fight for their rights such as in the case of birth injury or complications of a botched, routine surgery such as an appendectomy. The first exception with regard to medical malpractice cases involving children includes the extension of the statute of limitations, which loosely defined is the time period within which one must file a claim or lose the right to do so. In many states, the statute of limitations doesn’t begin to kick in until the child reaches the ages of 18 to 21 depending on the state.

In addition, damages for cases involving minor may take into account the child’s potential future earnings taking into consideration their health, intellectual disposition and overall health, particularly if the child suffered a disabling injury such as cerebral palsy, traumatic brain injury, loss of a limb, loss of eyesight and so on.

On top of that, medical providers are held to a much higher duty of care when treating minors and are mandated to ask for informed consent from their parents or guardians. They are also legally required to let these individuals know about the potential complications and risks that the medical procedure entails given the age of the minor and due to the fact that complications are more likely to occur in minors or the elderly.

Lastly, on top of an attorney, your child may be assigned a guardian ad Litem by the court to protect their legal interests for the duration of the suit or claim. All in all, minors and children are afforded special legal care in almost every state, done in an effort to get the best possible outcome without exposing them to the vagaries of a lawsuit.