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Pediatric Malpractice

Malpractice in any situation can be scary, but when it happens to your children the trauma of the situation can be greatly increased. At Moraitakis & Kushel, LLP, we understand that your children are the most important thing to you and watching them suffer can be unbearable.

Malpractice can occur in the form of failure to diagnose, improper treatment, failure to warn of known risks, failure to monitor patient, medication errors, surgical errors, and anesthesia mistakes. According to the American Academy of Pediatrics, the most common conditions to go undiagnosed, or misdiagnosed, in children are meningitis and appendicitis.


The results of pediatric malpractice are the worst part, and knowing that your child’s suffering could have been avoided makes it that much harder. Some of the most common injuries resulting from pediatric malpractice include:

• Brain injury
• Hemorrhaging
• Organ damage
• Bacterial infections

Special care needs to be taken by parents to identify signs of pediatric medical malpractice, especially considering children do not communicate as well as adults. Surgical errors are probably the easiest to spot and can result in both hemorrhaging and organ damage if something is accidentally cut during the procedure.

However, damage done during surgery isn’t always outwardly physical. Occasionally infections can spread or be introduced during surgery if the surgeon’s tools aren’t properly cleaned. Medication errors often result from incorrect dosage or incorrect medications entirely. This can result in unintended side effects, overdose, brain damage, and organ damage.

Sometimes injury can be caused by simply not doing anything. Assuming an illness or injury isn’t as serious as it actually is and not treating it, or believing it is something else can cause it to spread and worsen.

Appendicitis is frequently misdiagnosed in female children because it displays similar symptoms to urinary tract infections and pelvic inflammatory disease. Misdiagnosing appendicitis can allow the infection to worsen and the appendix to burst, potentially causing an abscess or sepsis.

Standard of Care

In order for any sort of malpractice claim to be worth anything something called “standard of care” must have been violated by the treating physician. When a claim of medical malpractice is filed, experts are called in on both sides to testify that the doctor did or did not act skillfully and carefully in a way that another doctor would have in the same situation.

Even if it is obvious that the doctor performed below the expected standards of their field of care, the patient cannot sue for malpractice if they did not suffer any harm. It must also be proven that the actions of the doctor led directly to injury-specific damages such as mental or physical pain, or unnecessary medical bills. It is our responsibility at Moraitakis & Kushel, LLP to prove that the physician’s negligence resulted in your child’s pain.

Contact Moraitakis & Kushel, LLP

If you wish to pursue pediatric medical malpractice litigation, contact Moraitakis & Kushel, LLP at 404-261-0016, or fill out our online contact form.

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Office Location
  • Atlanta Office
    5555 Glenridge Connector NE
    Suite 550
    Atlanta, Georgia 30342
    Phone: 404-261-0016
    Fax: 404-261-0024
Client Testimonials
  • "I first met Nick Moraitakis under the worst possible circumstances. The sudden, tragic death of my husband left me alone with a young child. Needless to say, I was in shock and emotionally paralyzed, with nothing more than unanswered questions. At a loss and nowhere to turn, a family friend recommended I contact Nick. Little did I know the impact he would have on my life. From the moment we met, I knew he was someone I could trust. At a time when I was vulnerable and scared, trust was something that was hard to come by. He immediately went to work on my case, which was a great feeling because it gave me hope. He has walked me through the entire process, answered even the most trivial of questions, and perhaps most importantly, listened to me. He has always made himself available when I have needed him and I honestly feel that my case is important and a top priority. Words cannot begin to express how invaluable Nick has been through the most difficult time in my life. Nick has gone above and beyond the call of duty for me, and for that, I am forever grateful. I have been completely devastated by my husband’s death, but now that our financial future is more secure, I can focus on what is most important: raising my daughter the way my husband and I always wanted."  -Catherine G., Atlanta, GA

  • "We were very blessed to have Glenn representing us at a very difficult time in our lives. Due to medical negligence, our son was left brain damaged and severely incapacitated. Glenn was always available to us when we needed him and he took our concerns and needs seriously. We were treated as friends not just as clients and if Glenn didn’t have an answer for us when we asked, he would tell us “I don’t have an answer for you right now, but I will find out and get back to you” and he always did. Thanks to Glenn and his assistant Konnie, we were represented with legal counsel that exceeded our expectations."  -Allen and Catherine D., Atlanta, GA

  • "The best decision you can make. If you are reading this testimonial and wondering about Nick Moraitakis: Is he a good attorney? Can he help me? Does he understand what I am going through? Will he give me the attention and time I seek? Does he know his way through the Law, in the Courts and with the Judges? Will he understand how important this case is to me? Is he honest? Does he have great integrity? … Does his staff reflect his values and professionalism? My answer YES and YES!!!! Nick Moraitakis represented me in a challenging case and at a difficult time in my life. Having him as my attorney was the best thing that could happen to me- He had my best interest in mind, he worked with me as if I was his only client and was with me all the way through!"  -Simona E., Atlanta, GA

  • "I nearly died on an operating room table and had many complications. I was referred by another law firm to Glenn Kushel. I do not regret my decision to have them represent me in this matter. They were great! They came to me, as I was unable to travel. They listened and really cared about you as a person. They always returned my calls the same day. Their legal assistant Konnie Tate is the best. Glenn and his staff got me all the compensation I was entitled to. They worked hard to make sure I could get back on my feet and take care of my children. Thank you Glenn, Konnie & staff for all your hard work."  -Rhonda H., Atlanta, GA