Personal injury claims: The role of a Paediatrician
Claiming compensation for your child’s disability or damage due to a personal injury requires expert advice. Every child is different and it is necessary to investigate their case and needs on an individual basis. One of the experts which assists with determining whether there was negligence and what the impact of an injury will be, is a paediatrician or children’s doctor.
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Paediatricians can be involved from the beginning until the end of a trial, in other words to help prove liability (merits) and responsibility to pay compensation as well as the extent (quantum) of the compensation. For a list of other experts that may be involved in your case, see our article on Medical Negligence – Medico Legal Experts
What does a Paediatrician do?
A paediatrician is a medical doctor who manages the physical, behavioural, and mental care for children from birth until age 18. A paediatrician is trained to diagnose and treat a broad range of childhood illnesses, from minor health problems to serious diseases.
All paediatricians are qualified to care for children, however some may study in further fields of specialisation where they focus on different areas of the body, disorders or diseases. There are paediatricians that have a specific interest in pulmonology or neurology as examples.
In a personal injury matter, in conjunction with other experts, a paediatrician can consider the standard of care given to your child by looking at evidence such as doctors’ reports and hospital records. They can also use reports of scans and blood tests to make conclusions about a child’s condition and the cause thereof. They can provide their opinion to the court on whether the care was appropriate or substandard and how the care is related to any damage a child might have suffered. They can also diagnose conditions and make recommendations on the child’s future needs. The court can then use this expert evidence to make a decision on a claim for compensation.
Qualifications and training needed
Paediatricians are medical doctors who have complete a Bachelors degree in Medicine and Surgery (MBChB) as well as Masters degree studies (MMed).
During a MMed programme medical doctors are trained to become specialists and are appointed as registrars at academic hospitals. After a 4 year training programme they present themselves for the Fellowship of the College of Paediatricians examinations of South Africa. Upon successful completion students are awarded the FCP(SA) qualification and are eligible for registration with the HPCSA (Health Professions Council of South Africa) as a specialist. Paediatricians will have experience in academic paediatrics as well as neonatal intensive care.
How does a Paediatrician assist in a case?
Paediatricians assess a child’s physical and mental condition to provide diagnoses and prognosis. As a medico-legal expert they can look at a case objectively and provide an unbiased opinion as an expert witness. Specialists can assist in any case where a child is injured, whether it is due to medical negligence or injury, such as a Road Accident Fund claim.
Expert witnesses are able to advise the court on what standard of care is expected in specific circumstances as well as whether any negligence resulted in harm to a child. They can provide their opinion in the form of a medico-legal report, which is compiled for the purpose of litigation. In order to make their conclusions, they can consider medical records, tests and scans as well as the opinion of experts in other fields of specialisation. They can also make recommendations on a child’s needs in terms of medical care, therapy, medicine, accommodation, schooling, daily activities and even life expectancy.
How do I get a Paediatrician involved in my case?
An attorney specialising in medical negligence and personal injury cases, will be able to assist you in enlisting the help of a medico-legal expert.
A lifetime of disability brings with it many expenses and challenges. The purpose of claiming compensation is to enable a child (and their family) to have as normal a life as they would have had, had the negligence not occurred. If your child’s case is not researched and proven correctly by a qualified and experienced attorney, you may be seriously undercompensated.
If you would like more information on the personal injury claims process, feel free to Paul du Plessis Attorneys at 012 809 1588 or send an e-mail to paul@pauldup.co.za
Written by Dané du Plooy