Is your child suffering as the result of careless, unsafe, or otherwise negligent medical care that they received in New Jersey? What happened to your family is wrong, and you could be entitled to compensation that will help you pay for better care and acknowledge the wrong that occurred. Unfortunately, doctors and other healthcare professionals will not always admit when they’ve made a terrible mistake. Moreover, their malpractice insurance providers will go to great lengths to fight claims and protect their profits.
At Nagel Rice LLP, we understand that the last thing you want to think about as you contend with a sick or injured child is a potential legal battle. Let us pick up that mantle on your behalf. Our team can investigate what happened, work with medical experts as necessary to prove the provider’s negligence and negotiate forcefully with their insurer in pursuit of a fair settlement. If it won’t offer one, we won’t hesitate to take them to court and demand that they compensate you appropriately.
What Is Medical Malpractice?
Doctors and nurses can make mistakes, but not all mistakes rise to the level of medical malpractice. Medical malpractice occurs when a doctor or other medical professional causes their patient harm by failing to meet the accepted standard of care.
You can think of medical malpractice in these terms: would a similarly trained medical professional provide the same care under similar circumstances? When the answer to this question is no, you may have a valid medical malpractice case.
Common Examples of Pediatric Medical Malpractice
Pediatric malpractice occurs when a medical practitioner fails to uphold their duty of care to a juvenile patient, leading to injuries or complications. Additionally, those injuries and complications must result in measurable financial losses to the patient and their family. Some of the most common examples of actions that can lead to a pediatric medical malpractice case include:
- Birth injuries caused by failing to monitor the mother or baby’s health, failure to monitor heart rate, and failure to detect fetal distress
- Failure to diagnose or delayed diagnosis
- Misdiagnosis
- Anesthesia errors
- Surgical errors
- Failure to diagnose or treat post-surgical issues and infections
- Lack of informed consent
- Prescription errors
Pediatric medical malpractice is not specific to infants or young children, nor are pediatricians the only healthcare professionals who may commit it. General practitioners, surgeons, OB/GYNs, and other doctors may also be to blame, as may the staff in their employ.
Compensation Available for Pediatric Medical Malpractice
Individuals hurt by medical providers’ careless actions may seek compensation for their injuries and financial losses. However, pediatric medical malpractice cases can be complicated, as medical injuries and complications can impact a child well into adolescence and adulthood. As such, experts are often called upon to project how the effects of a child’s injuries may continue to affect them for decades to come.
A family can usually pursue economic and non-economic compensation for their child. Economic compensation covers measurable financial losses, while non-economic compensation covers more subjective ones. Although the overall value of these losses depends on numerous factors, in many situations, families can seek money for the following:
- Current and future medical expenses
- Lost income due to caring for an injured child
- Diminished earning potential caused by the child’s injuries
- Disability
- Loss of enjoyment of life
- Pain and suffering
A court can also award families punitive damages in rare cases involving wanton and willful disregard or malicious acts. These damages do not cover measurable financial losses. Instead, they are a financial punishment to help dissuade others from similar behavior or actions.
While New York does not place a statutory limit on such damages, New Jersey caps punitive damages in medical malpractice cases to $350,000, or five times the compensatory damages. However, the state does not cap the money you can collect for compensatory damages like economic and non-economic damages.
Do You Need a Pediatric Medical Malpractice Lawyer?
Yes. Negotiating directly with a healthcare provider or hospital system to settle a claim is likely not in your best interest. These entities want to preserve their reputation and settle with you for as little money as possible.
Furthermore, medical malpractice claims are even more complicated than other personal injury cases. For example, New York requires that a certificate of merit accompany any legal complaint alleging malpractice. This certificate should confirm, among other things, that the attorney has consulted a relevant medical professional about the facts of the case and that the medical professional believes there is a reasonable basis for the case to commence.
Moreover, medical malpractice cases involve a considerable amount of specific, often complicated medical evidence. The person handling the case must be familiar with the relevant standard of care, be able to recover evidence like medical records and physician testimony showing that the standard of care was deviated from and be able to convince a court of that fact.
Given these complications, to pursue maximum compensation and justice for your child, you need to work with an experienced New York or New Jersey pediatric medical malpractice attorney. For over three decades, the legal team at Nagel Rice LLP has provided effective legal representation to clients throughout the New York metropolitan area. We have recovered more than $300 million in medical malpractice settlements and verdicts in that time.
Do not engage with an insurer or the healthcare system without securing legal representation. Allow our team to help you increase your chances of obtaining a favorable outcome and recovering the money your child deserves.
Contact Our New Jersey Pediatric Malpractice Attorneys
You and your child deserve justice for what happened. Let Nagel Rice LLP help you demand it. Contact our office today and request a free initial consultation with a knowledgeable pediatric medical malpractice attorney serving New York and New Jersey.
Nagel Rice LLP helps its clients throughout New Jersey, including Roseland, Bergen County, Essex County, Middlesex County, Monmouth County, Morris County, Passaic County, and Sussex County. We also represent clients in New York throughout Manhattan, Queens, Staten Island, Brooklyn, and the Bronx.