Pediatric Malpractice

Louisville Pediatric Malpractice Lawyer Serving All of Kentucky

Pediatricians carry a burden to ensure that they are providing our children with safe, timely, and effective medical care. They must provide sound advice tailored to each individual child patient, and they must not dismiss or overlook signs and symptoms that may lead to a serious illness or injury. We trust pediatricians with our children’s health – and in many ways their lives – and they owe a duty to ensure that this trust is not misplaced.

Unfortunately, in many cases, it is. Each year, countless infants and children suffer due to various forms of pediatric malpractice. From misdiagnosis to medication errors, pediatricians’ mistakes often leave their young patients suffering from traumatic, life-changing conditions. In many cases, their mistakes can be fatal.

Pediatricians’ Duty of Care

Like all doctors, pediatricians owe a duty of care to their patients. When treating child patients, pediatricians must do so with, at a minimum, the level of knowledge, skill, and expertise expected under the circumstances. This “standard of care” can vary based on geographic location, the specific medical setting, and a variety of other factors, but as a general rule you have the right to expect your pediatrician not to make mistakes that harm your child.

When your pediatrician breaches this duty of care, and if your child is harmed as a result, you may have a claim for compensation based on medical malpractice. Some common examples of pediatric malpractice claims are discussed below. To find out if you may have a claim, we invite you to contact us for a free consultation.

Common Pediatric Malpractice Claims in Kentucky

Determining whether you are a victim of malpractice requires an extensive medical investigation and a thorough understanding of Kentucky law. Proving malpractice is challenging, but it can be done. Attorney Seth Gladstein has recovered *millions of dollars for malpractice victims since 2011.

If you are concerned about the quality of your infant’s or child’s care, we urge you not to simply accept what has happened. You and your family have too much to lose. Before you do anything, let us help you make an informed decision about your claim.

Some of the most common types of pediatric malpractice claims include the following:


Appendicitis is a common childhood medical condition that involves inflammation of the appendix. If not removed promptly, the inflamed appendix can rupture, leading to a potentially fatal infection.

According to the American Academy of Pediatrics (AAP), 27 percent of all infant appendicitis cases are misdiagnosed. Girls are particularly susceptible to misdiagnosis, as the symptoms of appendicitis can often be confused with those of pelvic inflammatory disease or a urinary tract infection (UTI). However, this is not an excuse. If your child suffers appendicitis, it is your pediatrician’s job to identify the issue and treat it properly. If your child’s appendicitis is misdiagnosed, if a delayed diagnosis results in a rupture, or if there are complications during surgery, you may have a claim against the doctor or hospital.


Meningitis is a disease caused by inflammation in the brain and spinal cord membranes. It often results from the presence of bacteria or a virus, but can also be triggered by physical injuries and some medications. The CDC reports that hundreds of people – many of them children – die from meningitis every year.

Like appendicitis, meningitis is often misdiagnosed in children because its symptoms are somewhat non-specific. Children suffering from bacterial or viral meningitis often report flu-like symptoms, and doctors who do not perform thorough testing may send their patients home with flu medications rather than treating them for meningitis. This can be a dangerous mistake, and if your child has been misdiagnosed you may have a claim for financial compensation.

Other Misdiagnoses

While appendicitis and meningitis are two of the most-commonly misdiagnosed diseases among infants and children, they are by no means the only ones. Misdiagnoses and failures to diagnose are alarmingly common in doctor’s offices, hospitals, and emergency rooms. These mistakes frequently lead to problems such as:

  • Infections
  • Pneumonia
  • Leukemia and other cancers

Medication Errors

Medication errors are also common in pediatric care. Overdose, underdose, prescription errors, and administration of the wrong medication can all lead to dangerous consequences for your infant or child. Errors and complications during vaccine administration are common as well.

Failure to Refer to a Specialist

While pediatricians focus on infant and childhood medicine, they are not specialists in the sense of having in-depth knowledge about a specific type of illness or injury. If your pediatrician is not qualified to diagnose or treat your child’s condition, he or she must refer you to a specialist who is. If your pediatrician failed to provide a referral and your child suffered without necessary care, we can help you determine if you have a claim for compensation.

Gladstein Law Firm, PLLC | Pediatric Malpractice Attorney in Louisville, KY

At Gladstein Law Firm, PLLC, we represent families suffering as a result of pediatric malpractice throughout Kentucky. If your infant or child has been harmed as a result of a pediatrician’s mistake or substandard pediatric care, we want to help you fight for the compensation you and your family deserve. To find out if you have a claim, schedule a *free consultation today.

*Each case is different and the past record is no assurance that we will be successful in reaching a favorable result in any future case. Among many settlements, Gladstein Law Firm has recovered: $1.8 Million settlement for medical malpractice case involving negligent performance of hysterectomy (Christian Circuit Court); $1.75 Million medical malpractice case involving negligent failure to timely diagnose and treat lung cancer (Jefferson Circuit Court); $550,000 settlement for failure to diagnose prostate cancer (pre-litigation settlement); $500,000 settlement for negligent failure to diagnose and treat an impending stroke after brain surgery (Jefferson Circuit Court); and $195,000 settlement for negligent failure to diagnose and treat a potentially life-threatening heart condition (Macon Co., N.C.; served as co-counsel)  Click here to see some of Gladstein Law Firm, PLLC’s successes. Client pays costs only upon recovery.

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