Rochester Medical Malpractice and Personal Injury Lawyer Blog
While some medical malpractice cases involve issues that can only be resolved by a jury, many settle before they reach the trial stage. In cases involving adult plaintiffs, the parties are generally free to define the terms of their settlement agreements without court intervention. In cases involving minors, though, the court must approve settlements, in part to ensure that they are in the children’s best interests. In a recent New York opinion, the court discussed the factors considered in determining whether to approve a settlement. If your child suffered harm due to the carelessness of a healthcare provider, it is smart to talk to a Rochester medical malpractice attorney about what claims you may be able to pursue.
Factual and Procedural History
It is alleged that the plaintiff, acting as the legal guardian for her minor child, brought a claim under the Federal Tort Claims Act (FTCA) against the United States. The case stemmed from a 2018 injury in which the child, then 11 years old, sustained a laceration on her finger from opening a metal can. After receiving stitches at a hospital, the child was later seen by a doctor employed by the United States Department of Health and Human Services, who removed the stitches but did not conduct further examinations.
It is reported that months later, the child continued to experience issues with her finger, leading to a delayed diagnosis of torn tendons, requiring two surgeries. The plaintiff alleged that the doctor’s failure to properly diagnose the injury contributed to the child’s prolonged pain and limited mobility in her finger. Following discovery and settlement discussions facilitated by the court, the parties agreed to settle the claim for $50,000, including costs and attorney’s fees. The plaintiff then moved for court approval of the proposed settlement.
Settlements in Medical Malpractice Cases Involving Children
In reviewing the proposed settlement, the court assessed whether it was fair, reasonable, and in the best interests of the child, as required under New York law and local rules. The court determined that the settlement was reached after arm’s-length negotiations, with the involvement of experienced counsel, and that sufficient discovery had been conducted to enable informed decision-making.
The court found the settlement amount reasonable, considering the challenges in proving the defendant doctor’s liability and the nature of the child’s injury. The court also approved the attorney’s fees, which complied with the FTCA’s 25% cap on fees and were deemed appropriate given the work performed by counsel in pursuing the claim.
The court ordered that the remaining balance of the settlement, after attorney’s fees and costs, be held in escrow until a medical lien was resolved, after which the funds would be distributed to the plaintiff. The court retained jurisdiction to enforce the settlement and oversee the disbursement of funds.
Meet with a Trusted Rochester Medical Malpractice Lawyer
If you or your child sustained losses due to the carelessness of a physician, you may be owed damages, and you should meet with an attorney. The trusted Rochester medical malpractice attorneys of DeFrancisco & Falgiatano Personal Injury Lawyers can evaluate your harm and aid you in pursuing the maximum damages recoverable. You can contact us by calling 833-200-2000 or by filling out our online form to arrange a meeting.
