If doctors failed to tell parents about a condition noticed 2 years ago which now may require surgery to correct, could they be responsible to pay?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If doctors failed to tell parents about a condition noticed 2 years ago which now may require surgery to correct, could they be responsible to pay?
I recently insisted my daughter have back X-rays because of her posture. We found out that she has scoliosis. Her pediatrician says she needs to see a specialist and is likely done growing so not sure how much can be done. I found out they noticed her condition 2 years ago during a chest X-ray. I was never told and am furious that I could have gotten her into a specialist back then and would have better results for treatment while she was still growing. Is this negligence and do I have any legal leg to stand on in terms of her therapy/surgery being covered by the clinic that didn’t let me know back then?
Asked on April 5, 2012 under Malpractice Law, Minnesota
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Speak with a medical malpractice attorney right away--do not lose any time--since you may have a cause of action.
Malpractice, or literally "bad practice," is the provision of medical care which does not meet currently accepted standards. Failing to warn a patient (or in this case, her family) about a condition which a physician noticed could easly be malpractice, and you could potentially recover for the extra damage and medical costs caused by the delay.
The reason to hurry is that there is generally a short "statute of limitations," or time to sue, for malpractice claims; if you wait too long, you will lose the right to sue.
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.