Are Medical Malpractice Cases Handled Differently for Children?
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The law for minors is different in one major respect. Most states, including Pennsylvania and New Jersey, have different statutes of limitations for minors. In other words a minor has a longer period of time in order to bring a lawsuit. But that really is the only major difference in medical malpractice.
A doctor who treats a minor or a nurse who takes care of a minor is still held to the acceptable standard of medical care. In other words the minor has to be treated in a non-negligent way. So the major difference for medical malpractice for minors is the length of time, called the statute of limitations, in which time you have to bring a claim.
In addition to that you will also have to have your claim brought by someone who is an adult. The minor, him or herself, cannot legally bring the claim.