Appellate Practice Attorney serving New York, NY
It seems like a pretty good medical malpractice case (a form of negligence), although (assuming your son will recover fully) his recovery would not be astronomical because his damages would only be a few extra days of suffering and the extra medical costs. It would be malpractice if the doctor's failure to diagnose the problem was because he/she did not act with the ordinary amount of professional skill; it would not be malpractice if, a doctor acting with the ordinary amount of professional skill, would have missed the problem. The fact that the second doctor did correctly diagnose the problem suggests that the first doctor screwed up.
Answered on May 09th, 2014 at 12:25 PM