Children are, sadly, not immune from the consequences of incompetent medical care. Thus, if they suffer harm because of a medical mistake, their parents will often pursue medical malpractice claims on their behalf. While medical malpractice cases involving children differ from those involving adults in some key aspects, the burdens of proof and standards of review are the same in both types of matters. This was demonstrated recently when a New York court evaluated an appeal from an order granting the defendant’s motion for summary judgment in a dermatology malpractice case involving the treatment of a child. If you or your child suffered harm due to careless treatment from a dermatologist, it is in your best interest to meet with a Syracuse dermatology malpractice lawyer to discuss your options.
The Facts of the Case
It is reported that the defendant dermatologist removed a mole from the knee of the nine year old minor plaintiff. He then covered the area with skin grants taken from her buttocks. The plaintiff’s father then commenced a medical malpractice lawsuit against the defendant on behalf of the plaintiff, arguing that the defendant performed his professional duties improperly, thereby causing the plaintiff harm.
Allegedly, the defendant asked for dismissal of the plaintiff’s claims via a motion for summary judgment, arguing that the plaintiff failed to demonstrate that he breached the standard of care. The trial court agreed and granted the motion, dismissing the plaintiff’s complaint. The plaintiff then appealed. Continue reading