Expectant mothers carefully choose obstetricians and medical facilities for the birth of their child because they want the best medical care for their children. As a parent, we want to protect our children from harm. Therefore, we seek the advice and help of trained medical professionals whenever our children are sick. Unfortunately, the people we trust to take care of our children can make mistakes. New York and New Jersey pediatric malpractice can cause severe injuries and lifelong impairments. Your child deserves to be compensated for the pain and suffering caused by a negligent medical provider.
Our New York and New Jersey pediatric malpractice lawyers are dedicated advocates for children and their families. We pursue all causes of action against the party or parties who caused your child’s injury. Contact our office for a free consultation.
Seven Things You Need to Know About Filing a New York Pediatric Malpractice Claim
- Pediatric malpractice covers more than birth injuries.
When most people think about pediatric malpractice, they immediately think about birth injuries. While birth injuries are way too common, pediatric malpractice covers a variety of injuries to children. Common reasons why parents may file a New York pediatric malpractice claim include:
- Failure to diagnose or misdiagnosis of a condition
- Failing to prescribe the correct medication or correct dosage of medication
- Failure to conduct diagnostic tests
- Anesthesia errors and surgical injuries
- Emergency room errors
- Delayed diagnosis of cancer
- Failing to read the results of diagnostic tests correctly
- Doctors are held to the same standard of care for children as they are adults.
Medical providers and healthcare facilities have a duty to provide services that meet the reasonable standard of care set by the medical community. Physicians and other medical providers owe a duty to all patients, regardless of age.
- Who files an NY pediatric malpractice claim?
When an infant or child is injured, the parents or legal guardians of the child file the medical malpractice claim on behalf of the child. If a medical malpractice lawsuit is filed, the parents or legal guardians would be the plaintiffs in the action, but the claim is still being filed on behalf of the minor child.
- How long do I have to file a pediatric malpractice claim in New York?
Adults typically have two years and six months from the date of the act that led to malpractice to file a medical malpractice claim under New York’s Statute of Limitations. The deadline to file a pediatric malpractice claim differs. Parents and guardians have ten years to file a pediatric malpractice claim on behalf of a child. However, the 2 ½ years for a typical medical malpractice claim begins when the child turns 18 years of age. Therefore, all claims must be filed within six months after the child turns 20.
- The attorney fees for a New York pediatric malpractice claim are set by law.
Unlike other personal injury cases, the attorney fees in medical malpractice claims in New York are set by law. The fees are calculated on a sliding scale based on the amount recovered for the injury claim. For instance, the attorney fee for settlements of $1 to $250,000 is 30 percent of the settlement amount. However, the attorney fee for settlements exceeding $1.25 million is only 10 percent of the settlement amount.
- The trial court must approve of any settlements on behalf of a minor child.
The court must approve any settlement of a medical malpractice lawsuit for a minor to protect the minor’s best interests. Once a settlement is reached for the malpractice claim, the attorney must apply to the court for approval of the settlement. If the court feels the settlement is not in the best interest of the child, the case must continue.
- You may receive compensation for future damages.
If your child suffered a permanent injury, you might receive compensation for future damages. Examples of future damages may include special needs accommodations, personal care, special education, medical equipment, medications, nursing care, housing, caregivers, and disability transportation. Working with an experienced New York pediatric malpractice attorney who understands how to calculate future damages can help maximize your chance of recovering full compensation for all damages.
Contact a New York Pediatric Malpractice Lawyer for a Free Consultation