What can we do if my pediatrician never referred me to a scoliosis specialist?

If you can prove that it would have made a difference, then you certainly can sue. Mother Nature, or some trauma you suffered, may have been the cause of the scoliosis. It will run a natural course. You can only sue if the healthcare professional 1) made it worse, or 2) failed to make it better. In both cases, you need an expert who can testify that whatever changes you experienced WERE CAUSED BY THE PEDIATRICIAN'S DOING SOMETHING WRONG OR FAILING TO DO SOMETHING RIGHT.

You need to contact an experienced medical malpractice attorney to determine if the doctor was negligent.

You don't state how long ago this was. The statute of limitations may have expired. If not, you'd have to prove, among other things, that if the referral had been made, the surgery would not have become necessary.

The first question is how old are you now? There is a one year statute of limitations for malpractice that would have commenced with you turned 18. So if you are 19 or older, there is not much chance of suing at this point. But you should speak to an attorney to see if any exceptions apply. You have not supplied enough facts to advise you any further.

Medical malpractice claims are very hard to win. First you have to file within the statute of limitations, so a big question is going to be how old you are now. A Statute of Limitations means the deadline by which you can file. These are different in each state and you will be using the statute of limitations of the state where you saw the doctor. California has a one years statute of limitations for medical malpractice. If this happened in California, you would have to file a lawsuit within one year of the date you knew or should have known there was medical malpractice. Secondly, medical malpractice cases do not ask if the patient got the best possible outcome, but rather, did the doctor follow an acceptable standard of care.You may or may not have a claim, and you should book an appointment right away with a lawyer who practices medical malpractice. They will review the facts of your case and tell you if they think you have a claim. Don't stall in dong this, because the deadlines are very strict.

You would have needed the surgery regardless. They probably waited until puberty. Why did you not see a doctor for such a visible deformity for three years? I don't think trying to prove the eventual outcome would support the cost of expert witnesses and lawsuit costs.

If you can prove with medical testimony (i.e. a doctor) that the failure to refer you to a specialist caused you harm i.e. having to undergo the surgery. Then you could have a claim. Medical malpractice cases are very difficult and expensive to litigate. Many times you cannot find a doctor to testify about the causation issue which is where most malpractice cases are lost.

You need to order the records, you have that right ( a copy) and have them reviewed by a pediatrician to determine if your child's pediatrician fell below the standard of care.

You may have a case indeed. Assuming you are still a minor as the statute of limitations is usually 2 years from the malpractice; however, it is tolled while you are a minor.

Until you are 18, you cannot sue anyone for anything yourself without a legal guardian, probably one of your parents, who should promptly consult with an attorney experienced in handling medical malpractice cases because there are time limits to bringing a claim. The pediatrician is bound to a standard of care for all of his patients measured by all that he knew or should have known when you were 12.