Ok, so... My little two month old had been seeing this pediatrician for 2 months when she started throwing up really bad.. Like, across the room vomiting! Her pediatrician told me to keep feeding her and diagnosed her with acid reflux. For two weeks this continued and my baby lost 3 lbs in 2 weeks because he misdiagnosed her.... We rushed her to the Childrens Hospital in Augusta GA and she was admitted to the Pediatric Intensive Care Unit... Where she stayed for three days and was treated for 3 days for Metabolic Alkalinity. Her kidney's were 2% from failing and she almost died, her salts and bi-carbs were so low that if they were to put her under for the operation she needed she wouldn't have woken up. He didn't run any tests, just went by what he thought.. and the surgeons got her right up to the ultrasound room and diagnosed her with Pyloris Stenosis. There was a muscle blockage 2in wide and at least 3in long, blocking any and all food from entering her stomach. She went through 3 weeks of this and 2 weeks recovery... Misdiagnosis is what caused this... Should I Sue?
Pearl L
yes, she almost died
Mario B
you can sue anybody for anything. Doesn't mean you'll win.
East Coast
Hmmm well if the medical bills have really screwed you and put you in the hole then yes you should for what you need to cover them, if not be thankful she didn't die and Id write that doctor a letter or something letting them know they messed up pretty bad and might wana consider some re education or somethig. If you don't need the money and everythings okay Id stay where you are, don't do it for revenge, doctors are humans too they make mistakes... But if her health is permanently damaged because she didn't get treatment early enough or something that's a diff story
Bruce
A successful lawsuit requires you to prove damages and negligence.
You need to prove the doctor's actions were negligent. This will require a separate expert opinion.
Lawsklnow
First off, I hope your baby is doing well now. I pray for her speedy and full recovery.
Now, the hard part. In order to successfully sue for medical negligence (malpractice), there are certain criteria that HAVE to be met. All four components must be proven in order for you to win:
1) Duty to Act
Here you have to prove that the dr had a duty to provide care---clearly this step is proven
2) Breach of that duty
Here's where you start to have an issue (based on the facts given). This step involves the subjective "standard of care" theory. Simply put how would a "typical" doctor with "similar" education and experience have treated your daughter. In other words, did this doctor not order tests that most others would have given your baby's symptoms, did he prescribe or not prescribe a medication that is customarily used for this issue, did he fail to practice in good faith, etc. In order to satisfy this component, you would have to prove that the dr deviated from normal practices in treating your baby.
Honestly as I was reading your post, I said to myself: sounds like reflux or milk allergy. One of my sons had the same symptoms you described (including the weight loss and SEVERE vomitting) and he was diagnosed with reflux. My point is that the doctor's initial diagnosis doesn't seem outrageous. Now, if you had told him that the baby was vomitting blood or in extreme pain or something then THAT would be different. The issue you complained about is very common and your doctor may not have had any reason to believe anything more serious was going on, especially if all the newborn blood tests were within normal limits & she was being followed by the pedi. The issues that your daughter suffered are terrible but they aren't necessarily foreseeable. It's not the standard to give babies ultrasounds and radiological tests until it is absolutely necessary because the radiation from the testing can be more harmful than the issue itself. As such, doctors follow certain standard procedures in evaluating babies' symptoms.
3) Causation/proximate cause
Here you have to proven that the doctor's actions or lack of action CAUSED your baby's injuries. You wrote that the misdiagnoses "caused" her injury. Actually, stenosis of a pyloric muscle is what caused your daughter's injury. It's hard to prove this step without a solid breach (step Two). If you live in a state that has contributory negligence, then this step may be a hurdle for you as well. That's when someone sues for damages but the court assigns "blame" to them as well. If the court finds that the plaintiff was in part responsible or neglectful, then the court can assign a percentage fault. Meaning, in your case, you said your baby kept getting sick like that for 2 weeks before you rushed her to the hospital. As a parent, you have duty to act, breach, etc. as well. So, the court could find that you, as the caretaker, should have sought another opinion in a more timely manner. They may find that after 5 days, you "should have" known better & therefore assign you as 50% at fault. If you were to win, your award would be loessened by 50% because that's your liability.
4) injury ----- this step is clearly met because your baby was physically injured and you sustained financial liabilities as a result
I hope I explained it well enough. I'm not trying to be mean or make light of the ordeal you all have suffered, I'm just trying to provide you with an honest & realistic opinion given the facts you gave. If you feel that the doctor was negligent, then call a medical malpractice/personal injury attorney and get a consultation. These attorneys typically work on a contingency basis, meaning that they will give you a free consult and you will not pay them unless you win your case (then you give them 1/3 plus expenses). The attorney will be very honest with you about the potential success/failure of your case because he/she doesn't want to waste time & money if the case is weak.
The decision to seek legal remedy is yours and there's no harm in getting a consult.
Best of luck & best wishes to the little one!
Orignal From: Should I sue for medical misdiagnosis malpractice?
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