When you entrust your child's well-being to a pediatrician, you expect them to provide the highest possible standard of care. Unfortunately, medical negligence can occur in pediatric settings, leading to serious consequences for your child's health and future. Children are particularly vulnerable to the consequences of medical negligence as they may be unable to effectively communicate their symptoms or advocate for their own health.
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According to comprehensive research, pediatricians face a 3.1% annual malpractice claim rate, significantly lower than the 7.4% average rate among other physicians. However, when pediatric malpractice cases do result in indemnity payments, the average settlement is $562,180. Of 404 pediatric malpractice claims reviewed, 20.5% led to indemnity payments, and 3.7% resulted in awards exceeding $1 million.
If your child has suffered harm due to pediatric malpractice in the State of New York, it's crucial to seek the help of experienced legal professionals who can protect your rights and fight for the compensation your family deserves.
At The Porter Law Group, our dedicated team of pediatric malpractice lawyers understands the devastating impact medical negligence can have on a child and their family. We are committed to holding negligent medical professionals accountable and securing the compensation necessary to support your child's ongoing care and future needs.
Recent significant pediatric malpractice awards in New York demonstrate the substantial compensation available, including a $130 million verdict for a Suffolk County family whose daughter developed cerebral palsy due to oxygen deprivation during delivery, and a $26 million verdict for a Brooklyn boy who suffered brain damage from untreated severe jaundice.
We work on a contingency fee basis, so there are no fees unless we win your case. If your child has been a victim of pediatric malpractice, contact us today at 833-PORTER9 or email info@porterlawteam.com to schedule a free consultation.
Pediatric malpractice is a type of medical malpractice where a pediatrician or other healthcare provider fails to provide the appropriate standard of care for children, resulting in harm or injury. This can take many forms:
Pediatric patients typically face higher medication error rates than adults. According to the U.S. Pharmacopeia Medication Errors Reporting Program, 31% of reported medication errors involve pediatric patients, compared to 13% for adults.
Certain pediatric care environments present elevated malpractice risks:
NICUs have eight times higher medication error rates than adult units, due to the fragility and complex needs of newborns.
These departments have 10-15% medication error rates, with dosing mistakes being the most common, accounting for 39% to 49% of reported cases.
PICUs report 22-59 errors per 1,000 doses, more than seven times higher than in general pediatric units, often due to complex medical cases and multiple medications.
Common pediatric medication errors include inaccurate weight estimations, dosage miscalculations, inadequate dosing frequency, and documentation issues. Risk factors include less experienced physicians, severely ill patients, and weekend or specific-hour ordering.
The following cases of pediatric malpractice are often the subject of personal injury litigation:
Research shows male pediatricians and hospital-based subspecialists (such as those in neonatology, pediatric critical care, pediatric emergency medicine, and hospital medicine) were more likely to face malpractice claims, particularly those with longer careers and heavier workloads.
Pediatric malpractice cases are decided when there is significant proof demonstrating the following four essential elements:
It is not enough to show that your child suffered from an injury to recover compensation for pediatric malpractice. Pediatric malpractice cases generally require expert testimony to demonstrate the failure to exercise the requisite standard of care, with qualified expert witnesses essential due to highly technical medical details.
New York does not impose damage caps on medical malpractice awards, allowing for unlimited compensation. When a pediatrician's negligence causes harm to a child, the consequences can be far-reaching and long-lasting. Injuries resulting from pediatric malpractice may include:
Birth injury cases involving cerebral palsy often result in the highest awards due to the lifelong care and support required.
In New York, minors benefit from a special statute of limitations. The time to file a malpractice claim does not begin until the child turns 18. From that date, they have 2.5 years (30 months) to file a claim. This means a minor generally has until age 20 years and six months to bring a lawsuit for medical malpractice.
However, the total filing period may not exceed 10 years from the date of the malpractice, meaning parents must act sooner if the injury occurred early in the child’s life. This means that if a child is injured at age 7, their parents must sue on their behalf before the child turns 17, as the statute of limitations will have run out.
Under Lavern’s Law, for cases involving a missed or delayed pediatric cancer diagnosis, the statute of limitations starts from the date the condition was discovered (or reasonably should have been discovered). This law gives families 2.5 years from discovery, with a maximum limit of 7 years from the original malpractice date.
Unlike adult medical malpractice cases, pediatric malpractice settlements require court approval to ensure they are in the children's best interests. This additional layer of protection helps safeguard minors' rights and ensures proper compensation for their future needs.
The experienced lawyers at the Porter Law Group have recovered millions of dollars for families whose children were victims of medical malpractice in New York:
New York operates a unique Medical Indemnity Fund (MIF) established in 2011 to assist children injured by medical malpractice. Unlike other states where successful malpractice plaintiffs receive full damage awards, New York enrolls eligible children into the fund with the promise of lifetime medical care.
However, MIF has faced significant challenges. In May 2024, the fund temporarily stopped accepting new enrollments due to funding shortfalls. Governor Kathy Hochul allocated $58 million to reopen enrollments until March 2025, but long-term sustainability remains uncertain. Families enrolled in the fund report delays and denials of claims for necessary medical equipment and services.
Q: How long do I have to file a pediatric malpractice lawsuit in New York? A
For minors, the statute of limitations doesn't begin until the child turns 18, then they have 2.5 years (until age 20 ½). However, the 10-year rule means you cannot wait more than 10 years from the date of malpractice, so parents may need to act earlier if the child is very young when injured.
Q: Can I sue if my child's condition worsened due to delayed diagnosis?
Yes. If the delay in diagnosis fell below the standard of care and caused your child's condition to worsen or become more difficult to treat, you may have a valid malpractice claim.
Q: What if my pediatrician missed signs of a serious condition like meningitis?
Failure to diagnose serious conditions like meningitis is a common form of pediatric malpractice. If the symptoms were present and a reasonable pediatrician should have recognized them, you may have a strong case.
Q: Do medication errors in children constitute malpractice?
Yes. Children face higher medication error rates than adults. They are especially vulnerable to dosing and administration mistakes, which often form the basis of pediatric claims.
Q: Can I sue if my child was injured during birth?
Yes. Birth injury cases are among the most serious pediatric malpractice claims. If your child suffered injuries due to negligent prenatal care, failure to respond to fetal distress, or improper delivery techniques, you may be entitled to substantial compensation.
Q: What if my child suffered a vaccination injury?
While most vaccine injuries are covered by the federal Vaccine Injury Compensation Program, cases involving negligent administration, wrong vaccines, or improper timing may constitute malpractice.
Q: How much can I recover in a pediatric malpractice case?
New York has no damage caps, so awards can be substantial. Recent cases include a $130 million verdict for cerebral palsy and a $26 million verdict for brain damage from untreated jaundice.
Q: Do pediatric malpractice settlements require court approval?
Yes. Unlike adult cases, all pediatric malpractice settlements must be approved by the court to ensure they serve the child's best interests and provide adequate compensation for future needs.
Q: Can I sue both the pediatrician and the hospital?
Yes, you can potentially sue both individual healthcare providers and the hospital. Hospitals can be held liable for negligent hiring, supervision, or system failures that contributed to your child's injury.
Q: What if my child's injury wasn't discovered until years later?
For cancer cases, Lavern's Law may extend the statute of limitations to 2.5 years from discovery. For other conditions, the extended statute of limitations for minors may still allow you to file a claim.
Injured by Medical Malpractice in New York?
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The lawyers at the Porter Law Group have decades of experience representing individuals and families whose lives have been devastated by catastrophic injuries. We have obtained some of the largest settlements and verdicts in courts throughout the State of New York. We are a state-wide firm that handles cases with a hometown feel.
Our clients come to us looking for guidance and answers. With seasoned trial lawyers, the Porter Law Group has the resources necessary to help you navigate the most complex cases, against goliath insurance companies that will stop at nothing to prevent you from receiving the compensation you deserve.
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When you or a loved one’s life has been devastated by a serious personal injury in New York, don’t hire a lawyer without calling the Porter Law Group to learn why so many of our clients are thankful they trusted us with their case in their time of need.
Pediatric malpractice cases are complex, especially in New York, requiring awareness of unique statutes of limitations, documentary requirements, and the need for expert medical testimony. The mean time to resolution is 23.4 months, though recent cases take up to 30 months to resolve.
If your child has suffered harm due to pediatric malpractice in New York, you need a legal team that combines experience, knowledge, and compassion. At The Porter Law Group, our attorneys are dedicated to fighting for the rights of injured children and their families. We work closely with respected medical experts to build strong, compelling cases that hold negligent pediatricians accountable for their actions.
While you focus on your child's recovery and well-being, let us handle the legal aspects of your case. These consequences can place an enormous financial and emotional burden on families, which is why it's essential to seek guidance from skilled pediatric malpractice attorneys.
Don't let pediatric malpractice rob your child of a bright future. Contact The Porter Law Group today at 833-PORTER9 or email info@porterlawteam.com to schedule your free consultation and take the first step towards securing the justice and compensation your family deserves.
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