Sexually Abused Teens Awarded $11M In New York Medical Malpractice Lawsuit
NY med mal
This medical malpractice case involves two sisters who were repeatedly sexually assaulted by their 14 year old half brother when they were 9 and 6 years old. According to a Times Union news report, the girls' pediatrician, Dr. Patricia Monroe of Adirondack Internal Medicine and Pediatrics in Saranac Lake, was aware that their step brother who resided in the same household had been raping and sodomizing both girls, but she never did anything to prevent further abuse such as contacting the police or child services. The family hired a New York medical malpractice lawyer and filed a lawsuit against the doctor and her medical group. The girls, now 18 and 16, received $6 million and $5 million respectively.
Although doctors must respect their patients' privacy, they have an affirmative duty to report instances of child abuse to prevent further harm and, as we see in this case, can be held liable for breaching that duty of care. If you've been injured due to the medical malpractice of a doctor, surgeon, pediatrician, nurse, hospital, medical center or HMO (health maintenance organization), contact an experienced medical malpractice attorney to discuss your situation and evaluate your options.
Statutes of limitation
While you may be entitled to compensation for your injuries, New York's statute of limitations for filing a medical malpractice lawsuit is generally only 2 ½ years (30 months) from the date of injury and 10 years for children who have been injured. New York State law may extend the 2 ½ year general medical malpractice statute of limitations in certain, limited situations such as foreign objects left in the body after surgery however, it's important to contact an attorney as soon as possible because once the statute of limitations expires, filing a lawsuit is generally not an option.