When a bad medical outcome occurs, it does not necessarily mean that malpractice has occurred. Often, a bad medical outcome is caused by an unintended complication. Generally, complications are not considered medical malpractice.
Most medical procedures do not have a 100% success rate and the medical field accepts a certain margin of error. In fact, most complications, such as infection and bleeding, are contained in the consent form.
However, according to statistics most medical malpractice cases are not recognized and reported. In children malpractice cases, the likely explanation is that most malpractice is not readily apparent to a child's family. Additionally, most state laws do not require that victims be informed of medical negligence. Actually, many state laws expressly prevent victims or their families from finding out that a medical professional has been disciplined for actions which are considered to be medical malpractice. A medical mistake becomes malpractice when it exceeds the accepted margin of error.
When you suspect malpractice, quietly request the medical records and have them reviewed by an expert. If the child is in the ongoing care of a physician, you may want to request the transfer to another health care provider or hospital. It's important to be able to prove events as they unfolded. Most important, because establishing medical malpractice can be very difficult, consult an experienced Miami medical malpractice lawyer.
If you can establish that the medical professionals did not conform to the accepted standard of practice for that specialty, you have high chances of proving that medical malpractice occurred. This means establishing that no reasonable physician in that area of medicine would have acted in that way.
Unlike in personal injury cases, the filing of most medical malpractice claims does not result in a settlement offer. Pediatric malpractice cases require testimony from a medical expert, which can be very expensive. Additionally, even a straightforward case of pediatric malpractice is not worth pursuing if the provable damages are less than $100K. Thus, in the absence of evidence of malpractice and significant damages, your case may not be worth pursuing.