Medical malpractice involving a child can have a devastating effect on the lives of both the parent and child. Children are vulnerable and more often than not do not understand what is happening with them. While adults can at least vocalize and have the ability to question medical treatment, children simply do not enjoy this luxury. Even in pain children are pacified and made to trust doctors and nurses treating them.

Failure to Diagnosis Cancer and Meningitis in Children

While the kinds of injuries caused by medical malpractice is a long list, failure to diagnose cancer and meningitis in children top the list. Both these conditions get worse over time, but are treatable if diagnosed in time.

Bacterial meningitis: Bacterial meningitis often goes undiagnosed due its flu like symptoms. This is an infection of the fluid that surrounds the brain and spinal cord. When detected early it is treatable with the right antibiotics and proper medical care. However, it is when the condition is misdiagnosed that the infection can cause paralysis of the body, severe brain damage and in some cases even death.

Cancer: The earlier doctors are able to detect cancer in any patient, the greater is his chances to recover. The same goes with a pediatric patient. This is yet another condition that many doctors take forever to diagnose. The consequences of a delayed diagnosis are generally devastating and can render a blow to both the patient and parent.

Other scenarios where compensation for medical malpractice can be claimed:

1. If and when perfusion and circulation are not correctly managed during complex pediatric cardiac surgeries

2. When premature babies do not receive proper neonatal care that can lead to bleeding in the brain or cerebral palsy

3. When pediatric patients on ventilators are not cared for appropriately that can lead to brain injury and other fatal complications

4. When children who stand a risk to Sudden Infant Death Syndrome are not properly monitored leading to brain damage or death

Settlement Money

When a medical malpractice case is settled in favor of a child who has been injured due to medical malpractice, first the debts towards those who rendered services or advanced money for the child's treatment, is cleared. This group of beneficiaries includes the lawyer, insurance company, parents and sometimes the doctors. For example, the settlement may also include a reimbursement for the out of pocket payments that the parents may have made to the doctors. The proceeds left after settling of all litigation expenses, is paid into the court to be used in the benefit of the injured minor and cannot be used for any other purpose.

Wrongful Death Claims

No words of an attorney or jury can come anywhere close to compensating the parents for the death of their child. The financial loss in such cases, simply cannot be calculated or justified. However, wrongful death claims can provide grieving families with some measure of justice following a devastating loss.

If your child has suffered medical malpractice, in whatever form may it be, contact an experienced New York medical malpractice attorney at Rosenberg, Minc, Falloff, & Wolff of RMFW Law at 212-344-1000 to schedule a free consultation. The first meeting is free.

We know what a winning case looks like.


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