Losing a child is every parent’s worst nightmare, especially in a place meant to save lives – the emergency room. Tragically, child deaths during or shortly after ER visits remain a grim reality in the United States. Even more devastating, recent data reveals that more than 25% of these tragedies are preventable.
This heartbreaking truth forces families to cope with profound grief while also confronting the complex legal challenges that accompany such a loss. Pursuing justice often requires understanding their rights and exploring the possibility of legal claims against healthcare providers or institutions.
Introduction to Child Fatalities in Emergency Rooms
Child fatalities in emergency rooms are tragic events that highlight the critical nature of healthcare in urgent situations. In South Carolina, wrongful death claims can be filed if negligence by a medical professional contributes to such an outcome. The responsible party could be held accountable for failing to meet the standard of care required in these high-pressure settings.
Common types of negligence leading to child fatalities may include:
- Misdiagnoses
- Delayed diagnoses
- Substandard treatment
- Medication errors
- Failure to order necessary tests
- Delayed treatment
- Anesthesia errors
- Surgical errors
- Improper triage
- Infections caused by unsanitary conditions
- Failure to monitor patient
- Incorrect medical records or patient identification
- Communication failures
- Patient discharge errors
When pursuing a wrongful death lawsuit, families may be eligible to seek compensation for economic damages like medical expenses and burial expenses, as well as non-economic damages such as mental anguish and loss of quality of life. An experienced attorney with extensive experience in wrongful death actions can assist families in navigating complex legal processes, dealing with insurance companies, and holding the at-fault party accountable.
Why Are Preventable Child Deaths Happening?
According to a study published in the journal JAMA Network Open, more than 25% of childhood deaths that occurred during or shortly after emergency room visits were deemed preventable. The study’s authors analyzed data from 4,840 emergency rooms in hospitals across all 50 states and the District of Columbia, from 2012 to 2022.
These unnecessary deaths are occurring for two major reasons:
ER Departments Are Not Adequately Prepared To Treat Children
The study revealed that over 80% of emergency departments in U.S. hospitals are not fully prepared for pediatric cases. Here are some staggering facts, according to The New York Times:
- Only one-third of children live near an emergency department that is considered highly “pediatric ready,” and 90% of those live closer to a less-prepared one.
- Critically ill children are four times as likely to die in hospitals and twice as likely to die in trauma centers that score low in pediatric readiness.
Hospitals Are Not Prioritizing Pediatric Readiness In Ers
The study noted that hospitals are not investing vital dollars into becoming adequately prepared to treat children in ERs – even though it wouldn’t take much money to do so. Here are some facts:
- The cost to ready a single emergency room would be less than $12 per child living in that area.
- The “Readiness Checklist” established by the National Pediatric Readiness Project is achievable for every hospital, regardless of their size or financial resources, according to clinicians cited by The New York Times.
- Most general emergency departments already stock more than 90% of the supplies needed to properly care for children. However, they fall short because they are not making readiness a priority.
The Impact of Child Fatalities on Families
The loss of a child is a devastating experience that significantly alters the lives of families. Loss of life impacts daily routines, family dynamics, and emotional well-being. In South Carolina, families grappling with such tragedies often seek legal avenues to find closure and justice, which underscores the importance of understanding the legal processes involved.
Grief and Emotional Turmoil
Families experiencing the death of a child often face profound grief and emotional distress. This emotional upheaval can lead to mental anguish, impacting their overall quality of life. Support systems, such as counseling and community groups, are crucial during these times to help navigate the pain and begin the healing process.
Rights of Families to Seek Accountability
Families have the right to file a wrongful death action against the responsible party to seek justice and compensation. This includes holding medical professionals or property owners accountable if their negligence or malpractice led to the death. With personal injury attorneys in South Carolina, families can explore wrongful death claims to recover economic and non-economic damages related to their loss, ensuring that their voice is heard and their loss is acknowledged.
The Role of Lawyers in Child Fatality Cases
Personal injury lawyers experienced in child fatality cases in South Carolina play a crucial role in seeking justice for the bereaved families. They help parents and guardians navigate the complex legal system, ensuring that liable parties are held accountable for their negligent actions.
Navigating the Legal Process
Navigating the legal process in child fatality cases involves several steps and intricacies. An experienced wrongful death lawyer will guide families through filing a wrongful death lawsuit, understanding legal terminologies like “standard of care,” or identifying the “fault party.” Ensuring compliance with South Carolina laws and meeting the required filing deadlines are crucial in maintaining the integrity of the case.
Gathering Evidence and Building a Case
Building a strong case involves collecting necessary evidence, which could include medical records, witness statements, and expert testimonies. Lawyers scrutinize medical histories, investigate the actions of medical professionals, and assess the site of any incidents if negligence by a property owner is suspected. By gathering comprehensive evidence, attorneys aim to argue effectively for compensation for medical costs, burial expenses, and non-economic damages such as mental anguish, emotional pain, and loss of quality of life.
Acting as Advocates and Negotiators
Beyond legal guidance, lawyers act as advocates for grieving families, ensuring their voices are heard. They negotiate with insurance companies and opposing counsel to secure fair settlements, or prepare for trial if necessary, always prioritizing the family’s best interests.
Advocacy for Systemic Change
Advocacy for systemic change is vital to address the underlying issues contributing to child emergency room deaths in South Carolina. This includes pushing for policies that enhance safety, improve healthcare access, and ensure accountability for responsible parties. By advocating for comprehensive reforms, communities can work toward preventing tragic outcomes and improving the overall quality of life for children. Advocacy groups, healthcare providers, and policymakers must work together to:
Increase Funding for Emergency Care
Increased funding for emergency care is crucial to ensure that children receive timely and effective treatment in life-threatening situations. Well-funded emergency departments can invest in state-of-the-art equipment, hire experienced medical professionals, and provide thorough training. Allocating more resources to emergency care can directly impact survival rates and outcomes for young patients.
Enhance Pediatric Training
Enhanced pediatric training for healthcare professionals is essential to improve the standard of care provided to children. Targeted training programs can equip medical staff with the skills necessary to recognize and manage pediatric medical conditions effectively. By prioritizing specialized training, healthcare systems can reduce the risk of medical errors and improve the quality of care for young patients.
Expanding Access to Affordable Healthcare
Expanding access to affordable healthcare ensures that all children, regardless of socioeconomic status, can obtain necessary medical services. By removing financial barriers, families can seek preventative and emergency care without hesitation. Expanding healthcare access can lead to better overall health outcomes and support the long-term well-being of children in South Carolina.
How McWhirter, Bellinger & Associates Can Help
With seven offices across the Midlands of South Carolina, the wrongful death attorneys at McWhirter, Bellinger & Associates have extensive experience in handling child wrongful death claims. Our skilled lawyers understand the complexities involved in these cases and are dedicated to helping families seek justice. With a strong focus on personal injury lawsuits and wrongful death actions, we aim to hold responsible parties accountable.
Providing Compassionate Legal Support
The wrongful death attorneys at McWhirter, Bellinger & Associates can offer compassionate legal support during this difficult time, helping you navigate the difficult process of filing a wrongful death lawsuit. We are dedicated to understanding the profound emotional and financial impacts these tragedies bring. This includes pursuing economic damages such as medical and burial expenses, as well as non-economic damages like mental anguish and loss of enjoyment of life.
Our firm employs a variety of strategies to hold institutions and medical professionals accountable. These strategies often involve investigating the child’s medical history, the standard of care provided by the hospital, and potential anesthesia errors that could have contributed to the child’s death. By collaborating with experts to establish fault, McWhirter, Bellinger & Associates works to secure fair compensation. We ensure that the responsible entities, whether it’s a medical facility, property owner, or insurance company, are held liable for their negligence.
If you have lost a child due to negligent or careless actions in the emergency department of a South Carolina hospital, you are advised to seek legal advice from a skilled attorney. The wrongful death attorneys at McWhirter, Bellinger & Associates would be happy to speak with you to determine whether you are eligible to file a legal claim.
McWhirter, Bellinger & Associates offers free case evaluations, and there is absolutely no obligation to hire our law firm after speaking with us. If you do decide to work with our experienced lawyers, we will do everything we can to hold the negligent party accountable and ensure you are fairly compensated. Although we know that no amount of money can bring your child back, we will fight hard for you to receive the financial compensation you are rightfully owed.
Don’t hesitate to contact our skilled wrongful death lawyers today. It won’t cost you anything to see if we can help.®
Photo by Frederic Köberl on Unsplash
