Why Columbus Families Trust Beausay & Nichols with Pediatric Malpractice Cases

Beausay & Nichols Law Firm brings over 40 years of combined trial experience and a proven record of multimillion-dollar recoveries in complex, high-stakes cases. We understand that when a child is harmed by medical negligence, the consequences reach far beyond physical injury. That’s why we approach every pediatric malpractice case with deep compassion, unwavering commitment, and a focus on the child as a whole person, not just a file number. Our attorneys have gone head-to-head with major hospitals and powerful insurance companies, and we don’t back down. We fight with courage and clarity to secure justice for families across Columbus and Ohio.

How Pediatric Hospital Injuries Happen—and What They Look Like

Children are especially vulnerable in medical settings; even minor errors can have devastating consequences. Pediatric hospital injuries often stem from a mix of system failures, human oversight, and equipment limitations, many of which are tied to the fact that most hospital systems are designed around adult care, not the unique needs of children.

Some Common Causes of Pediatric Malpractice

Common Types of Pediatric Hospital Injuries

These underlying failures can lead to serious, and often preventable, outcomes, including:

  • Misdiagnosis or delayed diagnosis, particularly in time-sensitive conditions like sepsis or meningitis
  • Medication errors, including overdoses, missed doses, or administration of the wrong drug
  • Monitoring or equipment failures, such as dislodged oxygen tubing, silent alarms, or ventilator disconnections
  • Surgical mistakes, including wrong-site surgery, retained surgical items, or anesthesia complications
  • Premature discharge, where the child is sent home before stabilization, leading to avoidable complications
  • Allergic reactions or infusion errors, especially when weight, age, or developmental needs aren’t factored into dosing protocols

Studies estimate that 1–3% of pediatric hospitalizations involve a medical error, and up to one-third of hospitalized children experience some form of adverse event.

Background media

Five Steps to Take if Your Child Suffers an Injury

  1. Seek immediate medical treatment and ensure prior issues are documented.
  2. Request full medical records, including nursing notes and EHR metadata.
  3. Preserve all evidence—samples, medication logs, monitor readouts.
  4. Report suspected errors to hospital risk management.
  5. Consult an experienced pediatric malpractice attorney promptly.

What Compensation is Available for Pediatric Hospital Injuries?

When a child is seriously harmed due to medical negligence, the legal system offers multiple forms of compensation designed to address both tangible losses and emotional suffering. In Ohio, recoverable damages fall into three primary categories: economic, non-economic, and—when warranted—punitive.

Economic Damages

  • These are the measurable financial costs associated with the injury, both past and future. They may include:
  • Medical expenses, such as hospital bills, surgeries, medication, rehabilitation, and future long-term care
  • Special education or assistive devices, including wheelchairs, communication tools, or modified housing
  • Therapies and caregiving, like physical therapy, occupational therapy, or in-home nursing care
    Lost parental income, if a parent must reduce work or stop working to care for the child full-time

For catastrophic injuries like brain damage or cerebral palsy, lifelong care costs can exceed millions of dollars (Cerebral Palsy Legal Statistics).

Non-Economic Damages

These address the intangible consequences of the injury—often the most painful aspects for families. While harder to quantify, they are no less real and may include:

  • Pain and suffering the child endures, including physical discomfort and emotional distress
  • Loss of enjoyment of life, especially in cases where a child is permanently disabled or unable to experience a normal childhood
  • Emotional trauma for both the child and family members due to changes in daily life, communication, independence, or appearance

In Ohio, non-economic damages are capped in most medical malpractice cases, but the cap can be lifted in cases involving permanent and catastrophic injury (Ohio Revised Code § 2323.43).

Punitive Damages

Punitive damages are not tied to the child’s injury but are intended to punish the defendant and deter future misconduct. These are awarded only when there is clear and convincing evidence of gross negligence, willful misconduct, or reckless disregard for a patient’s safety.

Examples might include:

  • Knowingly using the wrong medical equipment
  • Falsifying medical records
  • Repeated failure to follow safety protocols despite prior warnings

While rare, punitive awards can send a powerful message and are permitted under Ohio law when the conduct is egregious (Ohio Revised Code § 2315.21; U.S. Department of Justice, 2023).

Do I Need a Lawyer for Pediatric Hospital Injuries?

Pediatric hospital malpractice cases are among medical law's most technically and emotionally complex claims. They demand trial-tested experience, medical fluency, and unmatched compassion for children and families navigating unimaginable hardship.

At Beausay & Nichols Law Firm, we’ve built our reputation on representing the most vulnerable with strength and sensitivity. With over 40 years of combined experience and millions recovered for clients, our attorneys are widely recognized for their skill in catastrophic injury litigation.

Here’s why legal experience matters:

  • Pediatric care has its own standards. Children are not just “small adults.” Their diagnoses, treatments, and monitoring require specialized protocols. To prove negligence, we retain board-certified pediatric experts who understand these unique standards and can clearly articulate where care went wrong.
  • Statutes of limitation are nuanced. In Ohio, most medical malpractice claims must be filed within two years—but for minors, the statute is often paused (or “tolled”) until the child reaches 18. Even so, evidence can disappear quickly, and early investigation is critical (Ohio Revised Code § 2305.16).
  • Hospitals and insurers fight hard. Major hospital systems are backed by aggressive legal teams trained to deflect responsibility. Our team can counter these tactics with strategic litigation and a deep command of medical records, documentation failures, and care protocol violations.

When your child’s future is at stake, you need more than legal help—you need an advocate who cares deeply and fights relentlessly. That’s what we offer.

Relevant Verdicts & Settlements

Statistics on Pediatric Hospital Errors

Background media
A kid staring up at the ceiling

Other Types of Pediatric Hospital Injuries

  • Neonatal complications such as birth asphyxia, drug dosing errors
  • Emergency misdiagnosis, e.g., sepsis, appendicitis
  • Medication overdoses, such as miscalculated doses in critical care
  • Equipment failures like ventilator disconnection or tubing errors
  • Surgical/instrument errors, such as retained sponges, wrong-site surgery

Frequently Asked Questions

Have More Questions?

Contact Us

Is Ohio an at-fault state for medical malpractice?

Yes. Ohio follows a traditional fault-based legal system, which means plaintiffs must prove that the medical provider breached the standard of care and that this breach directly caused harm. Strong expert testimony and thorough documentation are critical for success.

What happens after I contact a lawyer?

Once you contact us, we start a detailed intake and investigation process, gathering medical records and consulting pediatric specialists to assess any standard of care violations. If necessary, we file a complaint and enter discovery, where evidence is exchanged. While many cases settle, we're fully prepared to go to trial if needed.

Will we have to go to trial?

Not necessarily. While many pediatric malpractice cases settle, we prepare each case as though it will go to trial. This readiness often leads to better outcomes, as hospitals and insurers take us seriously when they know we're ready to litigate.

Are hospitals required to report medical errors?

Unfortunately, many medical errors go unreported unless families take action. Legal representation is essential to uncover the truth and hold institutions accountable for safety failures.

Can I legally access my child’s medical records?

As a parent or legal guardian, you have the right under HIPAA to access your child’s full medical records, including provider notes, medication charts, and imaging. We will request and review all of this for our investigation.

Can negligent providers face disciplinary action?

If a provider shows gross negligence or repeated violations, we can report them to the State Medical Board of Ohio or relevant oversight bodies, which may investigate, suspend licenses, or require retraining or probation.

Can we file a civil lawsuit even if criminal charges are also involved?

Absolutely. Civil claims for malpractice are separate from criminal proceedings. Even if a provider is facing or has been convicted of a crime, your right to pursue compensation for your child’s injuries remains intact and is unaffected by the outcome of the criminal case.

We’re Here to Help

If your child was harmed due to unsafe care in a Columbus-area hospital, don’t wait. Beausay & Nichols Law Firm offers a free, no-obligation case evaluation, where you'll speak directly to one of our attorneys. Contact us today to learn more and book your consultation.

Banner media
This field is required.
This field is required.
This field is required.
This field is required.
Submit
Contact us media
Accessibility: If you are vision-impaired or have some other impairment covered by the Americans with Disabilities Act or a similar law, and you wish to discuss potential accommodations related to using this website, please contact our Accessibility Manager at (614) 505-4533.
Contact Us