You seek medical attention for your child at the pediatrician’s office due to concerns about their health. Despite the examination, the pediatrician assures you that it is nothing to worry about and sends you home. However, as days pass, your child’s condition worsens, prompting fears that the pediatrician might have overlooked something significant.
According to the Journal of the American Academy of Pediatricians, over 400 pediatric malpractice claims are filed annually, shedding light on the possibility of errors by pediatricians leading to temporary or permanent harm to children. Whether it is a misdiagnosis or a complete oversight of your child’s injury, you are aware that such occurrences are unacceptable, compelling you to take action.
In This Article:
- We Are Your Trusted New York Medical Malpractice Attorneys
- What Is Pediatric Malpractice?
- Common Pediatric Malpractice Claims in New York, NY
- Pediatric Malpractice Compensation & Payouts
- Proving Negligence in New York Pediatric Malpractice Lawsuits
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We Are Your Trusted New York Medical Malpractice Attorneys
Bringing your child to the pediatrician due to their unwell state, you receive the diagnosis of nothing serious after an examination and are instructed to return home. However, as days pass, witnessing a deterioration in your child’s symptoms, concerns begin to mount regarding potential oversights by the pediatrician.
While it is a thought most parents would rather avoid, statistics from the Journal of the American Academy of Pediatricians indicate that annually, more than 400 pediatric malpractice claims are filed. The possibility exists that your child’s pediatrician might err, resulting in either temporary or permanent harm due to negligence in pediatric care.
Whether it is an incorrect diagnosis or a complete oversight of your child’s injury, you are aware that such occurrences should not have transpired, prompting a need for action.
In such unfortunate circumstances, crucial for your child’s and others’ safety, it is imperative to ascertain if you possess grounds for legal recourse. Should you be eligible to pursue a case of malpractice or medical negligence against the physician?
Navigating a pediatric malpractice lawsuit can be a prolonged endeavor, underlining the critical nature of selecting the right pediatric malpractice lawyer. Given the complexity of these issues, attempting to seek justice independently is not advisable.
For parents grappling with questions about their legal recourse in cases of suspected pediatric malpractice, the following information is provided. If you seek legal advice or have inquiries, our family at William Pager Law Firm stands ready to assist you. With three generations of experience, our seasoned pediatric malpractice lawyers are adept professionals capable of guiding you through the intricate legal intricacies associated with medical malpractice.
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What Is Pediatric Malpractice?
Pediatricians must provide care to a child by the generally accepted medical standard of care and practices. Standard of care refers to treatment that medical experts accept as proper treatment for illnesses.
If a pediatrician fails to perform up to this standard, the pediatrician may have committed malpractice. In addition, a failure to provide medical care for a child that is up to the standard of care can cause serious injuries, such as brain injury, birth injury, or even wrongful death.
Diagnosing illnesses is not necessarily as easy for a pediatrician as for an adult physician. Pediatric patients are not the same as adults. A child patient presents differently and does not use the same words to describe their condition as an adult would.
While an adult will be more than willing to share medical issues with the doctor, some children may be too shy to do so.
This can interfere with a pediatrician’s ability to correctly identify what is medically occurring with the child. As a result, the pediatrician could rush the diagnosis without considering all the possibilities.
The pediatrician might not perform the complete examinations necessary to properly diagnose the child’s condition and miss important information that could lead to a proper diagnosis.
Common Pediatric Malpractice Claims in New York
If you are a parent with concerns regarding pediatric malpractice, you might be pondering whether you have sufficient grounds to pursue a medical malpractice lawsuit. To provide insight, here are some prevalent types of pediatric malpractice claims typically filed:
- Meningitis: Meningitis stands out as the predominant illness linked with pediatric malpractice cases. Due to its challenging diagnosis, meningitis contributes to a significant portion of malpractice claims. If an infant exhibits symptoms of meningitis, a lawsuit may ensue if the pediatrician misidentifies the symptoms and misdiagnoses the condition.
- As meningitis progresses, the infant’s health deteriorates. Without a second opportunity for the pediatrician to reassess the infant, the damage caused by meningitis can become irreversible. Therefore, it is crucial for the pediatrician to accurately diagnose this illness.
- Appendicitis: Appendicitis often encounters misdiagnosis in infants experiencing the ailment. Frequently, females with appendicitis receive misdiagnoses such as pelvic inflammatory disease or urinary tract infection, causing pediatricians to overlook the actual source of symptoms.
Similar to meningitis, inadequate diagnosis of appendicitis is prevalent. Without appropriate treatment, appendicitis can exacerbate to a degree where complete reversal may prove challenging.
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- Hip Dysplasia or Developmental Dysplasia of the Hip: Hip dysplasia, typically identified within an infant’s initial six months, requires a thorough examination by a pediatrician. Through gentle manipulation, the pediatrician assesses the hip’s functionality by flexing it in various directions. This evaluation determines if the hip’s “ball” and “socket” components are properly aligned. Should the hip be dislocated or underdeveloped, treatment may be necessary, contingent on the timing of diagnosis. When diagnosed within the initial six months, infants usually receive soft bracing or casting without surgery. However, delayed diagnosis may necessitate an open reduction to rectify the condition.
- Medication Errors: Errors involving medication are also among the more common malpractice claims. They can be attributed to the pediatrician, nurse, or pharmacist involved in the process. Medication errors fall under one of the following four possibilities:
- Ordering: The pediatrician orders the incorrect medicine for the illness presented, and the patient winds up taking the wrong drug.
- Administration: This covers several possibilities: The wrong drug is administered, the wrong dose of the drug is administered, the timing of the doses is incorrect, or the technique for taking the drug is incorrect
- Transcription: Miscommunication between the pediatrician and the pharmacy through writing, phone call, or electronic communication can lead to any number of mistakes.
- Dispensing: The pharmacist dispenses the medication incorrectly and possibly dispenses the wrong drug for the patient.
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Pediatric Malpractice Compensation & Payouts
Pediatric malpractice claims that are deemed valid typically lead to compensation for the claimants. A research conducted by the Doctor’s Company examined 1,215 cases of pediatric malpractice claims. The study revealed that the typical indemnity payment stood at $250,000, while the average cost to defend these claims was $99,984.
When the child’s age group broke down payments, the study found that:
- Neonates, or infants less than one-month-old, have the highest mean indemnity paid at $936,843 and the highest mean expense paid at $187,117
- First-year children between one month and one year old had a mean indemnity paid of $448,205, and a mean expense paid of $150,000
- Children classified as between the ages of one and ten had a mean indemnity paid of $493,100, and a mean expense paid of 4146,000
- Teenagers classified as between the ages of 10 through 17 years had a mean indemnity paid of $389,849, and a mean expense paid of $129,816
Proving Negligence in New York Pediatric Malpractice Lawsuits
Proving medical malpractice is a complex undertaking. It necessitates the expertise of a specialized medical malpractice attorney to establish four legal prerequisites with a preponderance of evidence:
Establishing medical malpractice entails fulfilling four essential legal criteria, each requiring meticulous attention:
- Duty of Care: A pediatrician owes your child a professional duty of care, implying the existence of a professional relationship between the patient and the healthcare provider. This duty obligates the doctor to provide reasonable professional care. Failure to meet this standard can serve as evidence of malpractice.
- Breach of Duty: The patient must demonstrate a breach of the professional duty of care by invoking the concept of the standard of care. This standard pertains to the level of care that a similarly situated professional would have provided. Proving that the standard was not met constitutes grounds for malpractice.
- Causation: It is imperative to establish causation, meaning the patient must show that the doctor’s actions directly resulted in an injury. This requires demonstrating a clear link between the incorrect treatment and the resulting harm. Direct evidence of this connection is crucial in proving malpractice.
- Damages: Damages incurred because of malpractice encompass various forms of financial loss, including medical bills, rehabilitation, therapy, lost wages, and other related expenses. If malpractice is substantiated, the patient is entitled to repayment of these costs.
Furthermore, it is crucial to note the statute of limitations concerning malpractice cases for children, which begins on their 18th birthday. Following this, there is a two-and-a-half-year window before the statute expires.
Navigating through such complexities requires the expertise of an experienced pediatric malpractice lawyer who is well versed in medical malpractice lawsuits. Seeking assistance from a qualified legal professional greatly enhances the likelihood of a successful outcome for your case.
Why Choose The William Pager Law Firm?
For over 23 years, The William Pager Law Firm has distinguished itself through a steadfast commitment to actively listen to and thoroughly understand the experiences of our clients. Our dedication to aggressively seeking just and appropriate compensation for those injured in New York is unwavering.
- Empathetic Listening: We prioritize your recovery, ensuring empathetic listening and maintaining clear, consistent communication to effectively advocate on your behalf.
- Pressure Alleviation: Trust us to lift the burden off your shoulders. We meticulously gather every detail of your case and skillfully negotiate with insurance companies, so you can focus on healing.
- Strategic Advocacy: Our approach to your case and representation is never casual but always intentional and strategic, tailored to meet your needs through our extensive experience.
- Unyielding Commitment: Our drive doesn’t fade with fatigue; we persevere until we achieve the desired outcome.
Concentrate on your recovery; let The William Pager Law Firm handle the rest, ensuring your voice is heard and your rights are protected.