(845) 802-0047If your child fell victim to pediatric malpractice, or you have lost your child because of medical mistakes, a compassionate Newburgh pediatric malpractice lawyer could help hold the accountable parties responsible for failure to protect their young patients. A knowledgeable medical malpractice attorney could help you pursue a successful lawsuit to recover compensation from those responsible for your child’s mistreatment.
Pediatric Malpractice Defined
To prove pediatric malpractice, a skilled Newburgh attorney must establish that the medical professionals treating the child had a duty to prudently treat the child, and they were negligent in that duty failing to follow the standard of care for their industry. Plaintiffs must further establish that the actions of the healthcare provider directly resulted in injury to the child.
Common Types of Pediatric Malpractice
Many of the errors made during the course of pediatric care are similar to mistakes made in general malpractice. However, due to the smaller size, fragility, and ongoing growth of children, these errors might be even more dangerous than they are to adults. Some common types of pediatric malpractice include:
- Misdiagnosis
- Delayed diagnosis
- Dosage errors
- Prescription errors
- Surgical errors
- Anesthesia errors
- Failure to monitor a child in the hospital
- Postoperative negligence
Obtaining Compensation in a Pediatric Malpractice Case
While nothing can compensate for the misery suffered by a child and their family due to pediatric malpractice, a vigilant Newburgh lawyer would aggressively pursue financial recovery for:
- Past and future medical costs
- Mental anguish and psychotherapy for the child and other family members
- Income lost by the parent(s) while taking care of their sick child
- The child’s pain and suffering
- Home-altering expenses and personal care required for long-term disability
In the devastating case of wrongful death, the plaintiff could also be compensated for burial expenses, funeral fees, and loss of companionship. When the actions of the medical professionals or hospital are particularly egregious, the court could award punitive damages in addition to the compensatory damages mentioned. Punitive damages are intended to serve as a deterrent to future similar actions and punish the guilty party.
New York Consolidated Laws, Civil Practice Law and Rules, §214-A sets a two year and six-month statutory deadline for filing malpractice lawsuits. Certain exceptions to this statutory limit apply such as malpractice on a minor. In New York, the medical malpractice statutory clock does not begin running until the child turns 18 but the statute cannot extend more than 10 years after the alleged malpractice occurred or a foreign object in the patient’s body was found or reasonably should have been found.
Talk to a Newburgh Pediatric Malpractice Attorney Today
When your child is the victim of pediatric malpractice, you could depend on a Newburgh pediatric malpractice lawyer to staunchly advocate for your legal rights, and leave no stone unturned to recover the compensation you deserve and bring you justice. A diligent attorney could conduct a comprehensive investigation of your claim and consult with medical experts who could testify on your behalf in court. Call today to arrange your initial case review and consultation.