What are our rights if our child was misdiagnosed in the ER?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What are our rights if our child was misdiagnosed in the ER?
Our 6 year old daughter went to the ER complaining of severe chest pain. The attending physician did some blood work but no EKG ot X-ray of any type. His diagnosis was a muscle pull. We took her to our family physician today who determined that she has fluid around her lung and is ordering CT scan ASAP. Do we have any type of malpractice case even though permanent injury has not been determined as of yet?
Asked on February 6, 2013 under Malpractice Law, Pennsylvania
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
To have a viable malpractice case, you need two things:
1) Liability, which generally is based on carelessness--not providing medical care that meets accepted standards. If it would be considered careless or sloppy to have not EKG'd or X-ray'd, there may be liability.
2) Injuries or damages caused by the malpractice (i.e. not by the underlying condition itself, but due to the misdiagnosis, such as due to a delay in proper treatment). The U.S. legal system only provides compensation for actual injuries or losses: e.g. additional out-of-pocket medical costs, pain and suffering for serious conditions, etc.
Medical malpractice cases are expensive: you need a medical expert on your side. Until you incur significant medical bills due to the misdiagnosis, or there is evidence the misdiagnosis injured your child, it is most likely not worthwhile to pursue a malpractice claim.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.