Medical professionals take lives into their hands every day, and while most perform their duties without error, others are unfortunately more careless. When a pediatric patient becomes a victim of malpractice as a result of such negligence, their injuries can be much more severe than those adult patients might suffer under similar circumstances.

A Hudson Valley pediatric malpractice lawyer understands these issues and might be able to help you and your child address this kind of situation effectively and efficiently. With a qualified malpractice attorney’s assistance, you could file a lawsuit and potentially recover damages for the negligence that has occurred.

Certificate of Merit Required for Pediatric Malpractice Cases

Any legal claim filed that alleges medical malpractice also needs to be accompanied by a certificate of merit, according to New York Civil Practice and Law Rules §3012-a. This requirement is in place to reduce the number of unnecessary and unfounded malpractice lawsuits.

What Does a Certificate of Merit Prove?

When a Hudson Valley pediatric malpractice attorney files a certificate of merit, they are attesting to one of the following stipulations:

  • They consulted with a medical expert familiar with pediatric care who agrees that the lawsuit has valid medical and legal claims
  • They attempted three separate times in good faith to meet with medical experts about the facts of the case but were not able to complete a consultation

Although the law requires a certificate of merit to be filed with the initial complaint, the court may grant a 90-day extension if the filing of the certificate would delay the filing of the complaint past the applicable statute of limitations.

Damages in Hudson Valley Pediatric Malpractice

Pediatric patients and their families stand to lose a lot if a healthcare professional is negligent in their care. Damages can be quite severe or even last for their lifetime.

The parents or guardians of pediatric patients injured by a doctor’s mistake or carelessness may wish to speak with a knowledgeable pediatric malpractice lawyer in Hudson Valley to determine which damages may be recoverable in their case. Depending on the circumstances, compensable losses in pediatric malpractice cases include:

  • Medical expenses
  • Lost wages and income
  • Future medical or rehabilitation care
  • Pain and suffering
  • Scarring or disfigurement
  • Loss of bodily functions
  • Loss of society
  • Loss of enjoyment of life

Are There Caps to Damages?

It is important for plaintiffs and their families to know that New York is one of only 15 states that do not have damage caps for medical malpractice cases. In practice, this means that settlements and court awards are not limited in value by state law.

Consult with a Hudson Valley Pediatric Malpractice Attorney

Pediatric malpractice is an especially severe form of malpractice within healthcare settings. One small mistake can lead to serious or even permanent consequences for a young child.

Families could hire a Hudson Valley pediatric malpractice lawyer to represent their legal interest and pursue the compensation they may be entitled to by law. By consulting with an attorney, you could decide what legal options you want to pursue. Call today to get your pediatric malpractice case started.