What to do if my son was born with a spinal tumor and sculiosis that went undiagnosed for 9 months?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if my son was born with a spinal tumor and sculiosis that went undiagnosed for 9 months?
The tumor was finally removed. His regular pediatrician when he was born told us that he had colic really bad. He even did x-rays and never saw that his backbone was as crooked as a question mark. He led us to believe that my son’s pain was due to colic for 9 whole months. I couldn’t even hold my baby. Is there a claim that I can bring against the pediatrician?
Asked on March 13, 2013 under Malpractice Law, Mississippi
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Medical malpractice is negligence. Negligence is the failure to exercise due care (that degree of care that a reasonable medical practitioner in the community would have exercised under the same or similar circumstances to prevent foreseeable harm).
It would be advisable to obtain the medical bills and medical reports; especially the medical report from the surgeon who removed the tumor. The report will provide additional evidence for your malpractice claim against the pediatrician. If the surgeon's report is not strong enough to establish malpractice, it would be advisable to have the medical reports and records reviewed by another doctor, who may write a stronger report supporting your malpractice claim.
Prior to filing a lawsuit for negligence against the pediatrician, it may be possible to settle the case with the pediatrician's malpractice insurance carrier. Your son's claim filed with the malpractice insurance carrier should include the medical bills and medical reports. Compensation for the medical bills is straight reimbursement. The medical reports will document the nature and extent of your son's condition, and will be used to determine compensation for pain and suffering, which is an amount in addition to the medical bills.
If the case is settled with the pediatrician's malpractice insurance carrier, NO lawsuit is filed. If you are dissatisfied with settlement offers from the malpractice insurance carrier, reject the settlement offers and file a lawsuit for negligence against the pediatrician. You will need to be appointed guardian ad litem to file a lawsuit on behalf of your son. If the case is NOT settled with the pediatrician's malpractice insurance carrier, the lawsuit on behalf of your son must be filed prior to the expiration of the applicable statute of limitations or your son will lose his rights forever in the matter.
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.