As a parent, you may do everything in your power to keep your child happy, healthy, and safe. You may have thought taking them to see a doctor for a medical concern was in their best interest. But, most unfortunately, you may feel absolutely guilt-ridden if this treatment led to your child incurring a disability. Well, while it is easier said than done, you must not blame yourself for this, but shift these feelings toward the negligent doctor who caused this. With that being said, please read on to discover what you should do if you truly believe a doctor prompted your child’s disability and how a seasoned New York City medical malpractice attorney at Mark L. Bodner, P.C., can help you prove this in a potential legal claim against them.
How do I know if my child’s disability was caused by their doctor?
When it comes to your child, you may have a strong intuition when something is not right. Therefore, you may have spotted red flags in their medical care before and after they were diagnosed with their disability that give you reason to believe that their treating doctors caused it. For example, you may have received conflicting explanations from these medical professionals regarding why your child experienced unexpected complications, delayed treatment, or a sudden deterioration in their condition.
While this alone may not be enough to prove medical malpractice occurred, it may justify your desire to investigate the situation further. That is, you may request access to every last one of your child’s medical records, which should include their diagnosis, test results, treatment plans, and doctors’ orders. From here, we may help you acquire a medical expert who may analyze these documents and determine whether these doctors fell below the standard of care, and thereby acted negligently toward your child.
Do I have the right to bring forward a medical malpractice claim on behalf of my child?
If a doctor’s or doctors’ negligence appears likely after your personal investigation, we may file a formal claim on your behalf and negotiate with the party’s or parties’ insurance companies. This may be resolved through a settlement agreement, but if negotiations hit a standstill, this may have to proceed to trial.
Rest assured, as a parent or legal guardian, you absolutely hold the right to bring a medical malpractice claim on your child’s behalf. In turn, since you are not necessarily working under normal circumstances, the typical two-year six-month statute of limitations may be extended to 10 years.
Importantly, even though you are granted this extra time, you generally cannot file after your child is 20 years and six months old, or two and a half years after their 18th birthday, which would then be the standard statute of limitations. In any event, it is highly recommended to consult with an attorney immediately to avoid accidentally missing this important deadline.
For further legal guidance, please look no further than a competent New York City medical malpractice attorney. When you work with Mark L. Bodner, P.C., you can trust that you are in good hands. Schedule a consultation with us today.