(845) 802-0047Medical Malpractice Fast Facts Day: Children Hurt By Medical Malpractice In New York
Birth Injury, Cases
Let’s have a fast facts day on New York medical malpractice. Today’s topic focuses on children hurt by medical malpractice, but not necessarily birth injuries. Since that is first on your mind, let’s jump there and continue.
Birth Injuries in New York: Common Causes – Of the most serious birth injuries caused by medical malpractice, the three most common are cerebral palsy, brachial plexus injuries, and wrongful death. Cerebral palsy injuries commonly occur when there is a failure to monitor the baby during the labor process for distress. This is because cerebral palsy injuries are caused by a disruption to blood flow and oxygen to the baby, which can be easily monitored by a competent nursing and OB staff. Brachial plexus injuries occur from improper pulling or positions of the baby during the birthing process, particularly to the shoulder and arm. Wrongful death can occur for a multiple of reasons, including for all of the above. Children are precious and fragile, and the utmost care most be given but sometimes it is not.
Who Can Commence a Lawsuit for a Child Hurt by Medical Malpractice? – A parent or natural guardian can commence a medical malpractice lawsuit against the defendants who caused a children’s injuries if the child is not above the age of majority (i.e., 18 or older). If there is no parent or natural guardian, another family member can petition for representation. In rare instances, the State may appoint a public administrator.
Who Long to Commence a Medical Malpractice Lawsuit for a Child? – The simple answer is to always file within the normal statute of limitations which is two and a half years after the date of the negligent act or omission. This is simply best practice and there is no reason to delay, as evidence and documents can go missing or be destroyed and memories could fade. However, New York law allows for an extension of time, also known as a toll, for children of medical malpractice which is 10 years OR until the child turns 18 plus the two and a half years. Again, this is an alternative period and it really should not be relied on. The best practice is always to commence within the two and a half years. If there is a delay for any reason, commence within the 10 years given for the toll as soon as possible. After the 10 years, it can be iffy how much extra time the infant will get.