pediatric malpractice lawyer


Children require specialized treatment by doctors that are specially trained to diagnose and treat children’s injuries and illnesses.  When their negligence causes catastrophic injury or wrongful death, it is wise to consult with an experienced pediatric malpractice lawyer to help you understand your rights.


At Wittenstein & Wittenstein, we’ve been fighting for children’s rights for generations, including helping families that are victims of pediatric malpractice.  We recognize that children can be traumatized by the medical care required to treat their conditions, in addition to the physical suffering they must endure.  That’s why we go out of our to show compassion and empathy for the entire family’s ordeal and leave no stone unturned gathering the evidence necessary to prove your child’s case.  We are the pediatric malpractice lawyer that helps your entire family through this difficult process.





DON'T HESITATE TO PICK UP THE PHONE AND CALL When somebody dies or is in terrible shape after a medical procedure, the family wants to do something to help.  It is an excellent idea to call a medical malpractice lawyer whenever you suspect something might have been done wrong.  An experienced attorney will be able to ask the right questions and give you some idea about the viability of the case right away.  Unfortunately, some cases just can't be made, due to lack of evidence or lack of damages, but this doesn't mean there wasn't a mistake or harm done.  Medical malpractice cases are extremely expensive to bring due to the exorbitant amounts of money that doctors charge to be expert witnesses against other doctors.  You can sit and ponder this well into the night, or you can call an attorney and either gets things moving or, at very least, get some closure. THERE MUST BE ENOUGH DAMAGES FOR A MEDICAL MALPRACTICE ATTORNEY TO SUE FOR When I first started doing medical malpractice I got a call from a lady who told me her doctor operated on the wrong foot.  Wow, I thought, this is a great case, so I bumped her up to speak to my boss.  He spoke to [...]

Can I Sue For Sexual Abuse When I Was A Child?

The answer is yes. The Child Victims Act, passed in 2019, changed the law so that victims of sexual abuse, that are under the age of 55, can sue persons and organizations for child sexual abuse, no matter how long ago it occurred. For example, you could sue a coach that mistreated you at your elementary school in 1970 or a pediatrician that fondled you in 1975. Since the law was enacted, many victims have collected compensation for the abuse they suffered. It’s difficult for victims to tell their story, so the patient kind ear of a woman child injury attorney makes it easier to come forward with your story. Claims must be filed by August, 2021, so it’s important to call an experienced Child Victims Act attorney in Queens, Brooklyn, Manhattan, Bronx or Staten Island as soon as possible to arrange for a free consultation. Call 718-261-8114 for a free confidential consultation. How Can A Child Victims Act Attorney In Queens Help Me? The Child Victim Act effectively tolls the statutes and notice of claim requirements on actions for assault, negligent hiring, failure to supervise, and other applicable torts. The original statute allowed these claims to be filed until August, 2020, but it was extended a year due to Covid [...]


Summer is at full steam with everybody putting on their swimsuits and looking to cool off.    Of course, this is also the time when pool, beach and lake accidents are at their peak.  Whether you’re headed to Coney Island, Brooklyn or The Hamptons on Long Island, it’s worth it to consider how these accidents tend to happen, so you and your family can relax and enjoy your swim. BROOKLYN PERSONAL INJURY ATTORNEY - SWIMMING ACCIDENTS CAN BE DEADLY There are several types of swimming pool accidents that are quite common and one needs to be cautious about: Broken Pool Equipment - When a pool is not properly maintained, pool equipment can become a hazard.  Improperly maintained pools are one of the leading causes of drowning accidents.  Ask to see maintenance records. Negligent Supervision of Children - Poor training of lifeguards and camp counselors who do not know how to properly handle an emergency is glaring hazard.  Before you entrust your children to the supervision of others, ask about training and qualifications. Overcrowding - Every pool must have posted the maximum amount of people that may use it at one time.  If there are more people than there should be, that’s a red flag. Inclement Weather - All swimming areas are required [...]

Did My Doctor Fail to Diagnose My Condition?

FAILURE TO DIAGNOSE If you are wondering, "Did my doctor fail to diagnose my condition," causing the condition to worsen, leaving me in a much worse position than if it had been diagnosed in a timely manner?  Sometimes failing to diagnose a condition can lead to serious medical problems and even death.  A doctor is responsible for identifying symptoms and conditions.  If a doctor sees symptoms, but cannot diagnose them, he should refer the patient to a specialist that can.  Doctors should take into account the medical history of the person, as increased risk for certain diseases is an important part of the diagnostic process. The diagnostic process should be in four steps: Gathering a list of symptoms and possible causes Prioritizing the list Ruling out or treating causes Begin with most urgent, and work down the list Failing to diagnose may not just be the fault of the doctor.  Laboratories and other medical professionals may not have been doing their job properly, causing or contributing to the problem.  the most common type of action for "failure to diagnose" is cancer, as not catching it in time can cause it to spread, going to from an easily treatable Type 1 cancer, to a difficult to treat, or untreatable Stage 4 cancer.  When [...]

Psychological Injuries Lawsuits

Some psychological injuries are so severe that they can be as disabling as serious physical injuries.  When a careless or reckless act caused intense trauma, special arrangements must be made when pursuing a lawsuit.  This concept originated with “collaborative divorce,” where a psychologist becomes part of the team so that settlement discussions can stay on track.  With lawsuits that involved extremely traumatic events, this formula can also be applied, and a lawsuit for psychological injuries can be brought. Of course, any accident is traumatic.  Fearing for your life when you are hit by a car or slipping on water and breaking your leg are “traumatic events,”, but these accidents do not shatter the core of your being and cause you to think less of yourself.  In the landmark case of “Brown vs. Board of Education,” school segregation was ended by the Supreme Court based on studies that showed that it was injurious to the self-esteem of African-American children, who believed that “white dolls” were prettier than “black dolls.”  The entire decision was based on the concept that a law could be struck down based on psychological injuries to self-esteem! The most traumatic lawsuits are for “Wrongful Birth.”  In these actions, parents are alleging that their child should never have been born, [...]

How to Choose the Best Malpractice Attorney

Medical Malpractice cases can only be handled properly by attorneys with specific experience in this area of the law.   This is usually a personal injury attorney who has devoted a substantial portion of their practice to medical malpractice cases for many years.  Medical malpractice cases always require litigation, they can’t be settled quickly like many car accident and slip and fall cases are.   When a medical malpractice attorney accepts a case, they know that they are agreeing to a substantial amount of work over several years and also to a substantial investment in capital to prosecute the case.  A qualified Queens Medical Malpractice attorney is always happy to explain their ability and experience. Medical Malpractice cases are usually handled on a contingency fee.  This means that the client does not make a financial investment in the case, and the attorney is taking on the risk, only charging the client if they are successful.  This is also why clients get frustrated calling every attorney with a listing, hoping that they will take on their case.  This is a waste of time.  If the reputable Queens Medical Malpractice Attorneys are all turning down the case, it is probably because they have the experience to know that the cost of prosecuting the case is [...]

Children Bullied at School – There IS Something You Can Do About it!

CHILDREN BULLIED AT SCHOOL HAVE RIGHTS When I was a child, bullying at school was rampant, and there wasn't much that could be done about it.  When parents complained that their child was being bullied at school, there were told things like "boys will be boys," and that they should teach their child to be more assertive to deal with bullies.  We know now that bullying can lead to depression and even suicide, and there are now laws that protect children from this fate.  In other words, children bullied at school now have rights.  The U.S. Department of Health and human services defines bullying as "unwanted, aggressive behavior among school-aged children," and it must involve "a real or perceived power imbalance."  It must be a recurring problem, not something that just happens once.  It can be physical, verbal or online (cyberbullying.) If your child has an unexplained change in behavior such as: Impaired or deteriorating relationships with peers Difficulty making or keeping friends Increased sense of loneliness Increased anxiety levels or panic attacks Eating disorders Low self-esteem A decline in academic achievement These may be signs that your child is being bullied, you should ask your child and assess whether they are being frank you with or covering something up [...]

What is Medical Malpractice?

Medical negligence by a healthcare professional, leading to injury or death, is known as the Medical Malpractice.In New York, you generally have only 2 1/2 years to file a medical malpractice claim. If your claim includes a city or state hospital, a notice of claim must be filed within 90 days. Once a healthcare professional becomes aware of their mistake, they often try to cover their tracks. If you think you may be a victim of medical malpractice, it’s important to contact an experienced Queens medical malpractice attorney as soon as possible, before deadlines are blown and evidence is destroyed. What Types of Mistakes Are Medical Malpractice? Healthcare professionals are not required to be excellent. They are only required to not fall below the minimum standard of care that is reasonable under the circumstances. These are some of the most common types of medical malpractice: Surgical Mistakes Medication Errors Failure to Diagnose a Condition Failure to Properly Follow the Course of a Condition Failing to Order Proper Tests Releasing a Patient From the Hospital Prematurely Birth Injuries Not all bad outcomes result from errors. For example, surgical procedures have known risks and some conditions are extremely difficult to diagnose. There’s no way to know for sure if you’ve been a victim [...]

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