Medical Negligence in Pediatrics: Protecting the Youngest
Introduction
Medical negligence in pediatrics poses a critical threat to the health and well-being of children and adolescents. As developing patients, any medical error can have irreparable consequences. Therefore, specialization, vigilance, and regulatory compliance are essential in pediatric care. We will analyze the phenomenon, its causes, consequences, legal framework, and current examples in Spain, providing a comprehensive guide on how to protect the youngest.
What is medical negligence in pediatrics?
Medical negligence is defined as any healthcare action or omission that deviates from the lex artis or current medical protocols, causing avoidable harm to the patient. In pediatrics, victims are especially vulnerable, as they cannot always express symptoms or concerns, making adults their only protection channel.
Types of medical negligence in pediatrics
- Diagnostic errors: Omission or delay in identifying serious diseases (infections, childhood cancer, congenital pathologies).
- Inadequate treatment: Incorrect administration of medications, wrong treatment, or delays in care.
- Poor monitoring: Failure to adequately monitor critical patients.
- Insufficient consent: Failure to properly inform parents about risks and alternatives.
- Post-surgical neglect: Lack of follow-up after operations or interventions.
Causes of medical negligence in child care
- Assistance overload and lack of specialized staff.
- Insufficient training in pediatric pathologies.
- Communication problems between healthcare providers and families.
- Poor organization or overload of the health system.
- Inadequate child care protocols.
Consequences of medical negligence in pediatrics
- Physical sequelae and disabilities.
- Psychological harm to children and families.
- Worsening or chronicity of diseases.
- Death; in 2024, 798 people died due to healthcare negligence in Spain, with an increase of nearly 200 compared to 2023. (Source: Patient Advocate)
- Million-dollar compensations in cases of serious harm, even for neurological injuries after childbirth.
Legislation and legal protection in Spain
Spain has solid regulations for the protection of minors against medical malpractice. The best interest of the child is paramount in any claim. To pursue legal action, parents must demonstrate harm, foreseeability, and causal relationship between the medical act and the damage. Actions can be civil (compensation for damages), criminal (when there is gross negligence), and administrative.
Recent jurisprudence: In 2024, the Supreme Court awarded a compensation of three million euros to a family for medical negligence during childbirth that caused severe neurological injuries to the newborn.
Prevention: How to avoid medical negligence in pediatrics
Measures for healthcare professionals
- Continuous training and process standardization.
- Effective and empathetic communication with families.
- Meticulous record-keeping and strict compliance with medical history.
- Multidisciplinary teamwork, especially in complex cases.
Advice for parents and guardians
- Visit reputable centers or those with accredited pediatric units.
- Request detailed information and exercise the right to a second opinion.
- Observe and record the child's progress under any treatment.
- Report any deficiency or anomaly during care.
Current cases and reflection
Judicial evolution and claims highlight the need for greater specialization in pediatrics. Recent Supreme Court rulings reinforce the demand for child-centered medicine, open to vigilance and continuous improvement.
Conclusion
Medical negligence in pediatrics is a reality that must be addressed through prevention, training, and legal responsibility. Informing, educating, and acting with rigor and empathy are obligations of professionals and families. Legal action, when appropriate, not only provides justice but also fosters excellence in healthcare.