(845) 802-0047According to the American Academy of Pediatrics (AAP), one in five pediatricians will face a legal claim during their career. The majority of these claims are based on mistakes during surgery, failure to diagnose dangerous conditions, and inadequate communication between the pediatrician and the patient or their family.
When a doctor fails in these or similar ways, a child may become the subject of pediatric malpractice. Fortunately, a qualified medical malpractice attorney could help you take action under such circumstances. If your child suffered damages due to the mistake of a pediatrician, consider consulting with a compassionate Albany pediatric malpractice lawyer to determine your legal options.
Pediatrician Liability for Malpractice and Plaintiff Damages
Pediatricians have various ethical, legal, and civil duties when it comes to treating juvenile patients and informing their families. Not only are they accountable for doing no harm, but they also must conduct themselves in a manner that other reasonably prudent pediatricians would.
This standard is typically how a court would determine if the pediatrician breached their duty of care during a malpractice case. A pediatrician may breach this duty by providing the wrong treatment, making a misdiagnosis, prescribing the wrong type or dose of medication, or a number of other similar mistakes.
To recover damages on a plaintiff’s behalf, an Albany pediatric malpractice attorney must prove that the claimant suffered damages as a direct result of their pediatrician’s negligence.
What Damages Are Recoverable in Pediatric Malpractice?
Recoverable damages are different for each pediatric malpractice case, but typical damages often include:
- Pain and suffering
- Scarring and disfigurement
- Medical expenses
- Decreased physical abilities
- Lost wages for the parents of a child who suffered harm
- Loss of companionship
- Decreased quality of life
The Statute of Limitations for Pediatric Malpractice
After their child suffers injury from the malpractice of a pediatrician, parents are often focused on getting their child reliable medical care and attending to their needs as they recover. While these priorities are necessary and natural for any parent, it is important to recognize that the time allotted to file a lawsuit for pediatric malpractice is limited.
Is There a Time Limit to File a Pediatric Malpractice Claim?
New York Civil Practice Law and Rules §214-a states that potential plaintiffs only have until their child turns 18 to file a pediatric malpractice case, and that no more than ten years may elapse between the malpractice incident and the filing of a case. Consulting with a pediatric malpractice lawyer in Albany could help families understand how the statute of limitations applies in their specific circumstances.
Consult with an Albany Pediatric Malpractice Attorney
Your child’s health is one of your top priorities, and it should be the same for their doctors. If a doctor harms your child through malpractice, they should be held accountable for the suffering caused.
An attorney who understands the hardships your child and family face because of a doctor’s negligence could make your child their top priority just as much as you do. Call today to schedule your consultation with an Albany pediatric malpractice lawyer and start pursuing the compensation you and your family deserve.