When you turn to doctors to help your children when they are suffering, you reasonably expect the medical professional to help your child and provide adequate care. However, some doctors fail to act prudently for your child’s welfare and pediatric malpractice may occur, sometimes resulting in permanent damage. A Schenectady pediatric malpractice lawyer understands the devastating effects that a medical injury can have on both your child and family.
A seasoned medical malpractice attorney could be the advocate you need to pursue compensation for the bills resulting from negligence and the suffering your family has endured.
Who Constitutes Pediatric Malpractice?
Malpractice occurs when a doctor or other medical professional does not meet the standard of care required of physicians in a similar set of circumstances, and as a result, the patient suffers harm. Anyone licensed by a professional board could commit malpractice including physicians, pharmacists, nurses, and any other healthcare professional.
Pursuing the truly liable parties is vital to a successful malpractice injury claim. Cases of doctor negligence are often confusing in Schenectady, but a pediatric malpractice lawyer could have the experience necessary to navigate the suit process successfully. In pediatric practice, some of the most frequent causes of malpractice lawsuits include:
- Misdiagnosis or failure to diagnose
- Improper administration of medication or prescription
- Surgical errors
- Failing to order tests that are reasonably necessary
- Failing to read or misinterpreting lab results
- Overlooking symptoms
- Improper follow-up care
- Ignoring relevant patient history
Filing a Pediatric Malpractice Claim
In most medical malpractice claims, injured patients generally have two-and-a-half years from the date of the alleged malpractice to bring a lawsuit in civil court, as established under New York Civil Practice Law & Rules Section 214-A. However, there are limited exceptions that could apply in pediatric malpractice claims.
Under New York law, the statutory deadline for minor children in malpractice cases does not start to run until the child is 18 years of age. However, regardless of the child’s age when the malpractice occurred, the statutory limit cannot extend beyond ten years after the negligence or malady was discovered or reasonably should have been discovered. A Schenectady pediatric malpractice attorney would evaluate a victim’s case and ensure their rights are protected and the suit is filed in time.
Financial Recovery in Pediatric Malpractice Cases
While no quantity of money could compensate for the misery suffered by the child and their family due to malpractice, an aggressive legal advocate could fight for a victim’s recompense. Compensatory damages in a pediatric malpractice case often include:
- Past and future medical costs
- Home-altering expenses required for long-term disability and personal care
- Mental anguish
- Lost income
- Pain and suffering
In the tragic event of a wrongful death, the plaintiff might recover compensation for funeral fees, burial costs, and loss of companionship. When the conduct of the hospital or medical professionals is especially heinous, the court could award punitive damages to the defendant to serve as punishment and deter similar actions in the future.
Call a Schenectady Pediatric Malpractice Attorney to Discuss Next Steps
When your child is injured because of a medical professional’s negligence, a diligent Schenectady pediatric malpractice lawyer could defend your right to fair compensation. For more information, call now to schedule a case consultation.