Can a hospital or the doctor be sued for misdiagnosis or negligence if i was told my baby was fine, but he really wasn’t?
3 attorney answers
Misdiagnosis may be malpractice. It depends upon the facts. Also, to have a viable case you need to show that the misdiagnosis caused damage. In my opinion the damage must have been either serious or permanent or both to make the case one worth pursuing. In order to have the potential case evaluated you need to contact a lawyer who does malpractice cases. He or she will need to get the medical records from both hospitals in order to evaluate the potential case.
This response does not create an attorney-client relationship. Such a relationship will only be formed by the execution of a written agreement between the client and the attorney outlining the services to be performed.
It sounds like you have several issues to address. The accident itself and responsibility of the driver if any, and the discharge of your child with significant injuries. The other issue will be what damage did your child incur from the delayed misdiagnosis.
An attorney experienced in these areas needs to look at the medical records and any radiology studies done at the discharging hospital as well as the ones from CHOA.
I hope all is improving.
From what you are saying, you may well have a malpractice case based on the misdiagnosis. The next step will be to gather the medical records and see an attorney so that you can discuss specifics of the case and whether or not there are any damages you can tie to the misdiagnosis.
The above information is general in nature. In order to obtain more specific legal advice upon which to base your important decisions, you should consult with an attorney in person and retain one of your choosing. Robert M. Gardner, Jr. Gardner Law Firm
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