When medical malpractice involves a child, it can create emotional distress for the entire family. These cases present unique legal considerations that aren’t always an issue in adult malpractice claims. Reach out to our pediatric malpractice lawyer in Las Cruces for experienced legal assistance.
The Standard of Care Still Applies, But the Context Changes
Just as with any malpractice claim, a case involving a child requires proving that a provider deviated from the accepted medical standards and caused harm.
The accepted medical standard of care for children is different from that of other practitioners. A pediatric specialist is held to the standard expected of a reasonably competent provider in pediatric medicine.
Common types of pediatric malpractice claims include:
- Misdiagnosis or delayed diagnosis of conditions that present differently in children than in adults
- Medication errors, including improper dosing based on a child’s weight or age
- Surgical errors during pediatric procedures
- Failure to recognize developmental or genetic conditions that require early intervention
These cases typically require expert testimony from providers with specific pediatric experience. These experts help juries understand scientific and technical information related to treating children.
Different Damages Calculations
Damages are also calculated differently in cases involving medical malpractice claims. Adult malpractice claims often rely heavily on lost wages and diminished earning capacity based on an established work history. A child has no earnings history to reference, which means damages must be projected based on factors like:
- The child’s life expectancy following the injury
- Anticipated future medical and therapeutic needs
- Projected loss of future earning capacity, based on educational and vocational expert testimony
- The long-term impact of the injury on the child’s development and quality of life
These projections often span decades. Therefore, pediatric malpractice cases frequently require input from life care planners and vocational experts who can reasonably estimate what the child’s future would have looked like absent the injury.
Non-economic damages also carry particular weight in pediatric malpractice cases. A child facing a lifetime of pain or developmental setbacks may have a stronger claim for pain and suffering than an adult with a comparable injury, simply because the impact extends over so many more years of life. Damages for the child’s diminished quality of life and lost life experiences often become one of the most significant components of the overall claim.
Statutes of Limitations Work Differently for Minors
New Mexico modifies the standard statute of limitations for minors under the Medical Malpractice Act. Rather than applying the general adult deadline, the law extends the filing period for young children.
If a child is under six years old at the time of the malpractice, they generally have until their ninth birthday to file a claim, regardless of when the standard three-year period would have otherwise expired. This extension exists because very young children have no ability to recognize or act on a potential malpractice claim on their own.
Who Brings the Claim?
Because a minor generally can’t file a lawsuit on their own behalf, a parent or legal guardian typically brings the claim on the child’s behalf. Courts also frequently require additional oversight when a settlement involves a minor, including judicial approval of the settlement terms.
An experienced Las Cruces medical malpractice attorney can help you navigate the added challenges of bringing a child medical malpractice claim and build a case that reflects the true, long-term impact the injury will have on your child’s life.