QUESTION

11 year old son born with diaphragmatic hernia but never diagnosed almost died 4 days after passing sports physical at pediatrician a office.

Asked on Sep 27th, 2012 on Medical Malpractice - Indiana
More details to this question:
2 days after his physical he seemed to have a stomach flu which ended up being his stomach sucked up into his diaphragm. He was flown by helicopter to comer children's hospital for emergency surgery and remained in the icu for 11 days. We stayed in the hospital for a month during his recovery and he is at risk of this happening again for the rest of his life. He is also at a high risk for bowel obstructions. His dr has asked me numerous times if he has asthma (which he does not) but never ordered any tests to determine what was causing his irregular cheat sounds. This could've been detected much sooner and he could've avoided so much suffering. There are many more details I would like to share but it is a lot to write without even knowing if we have a case.
Report Abuse

1 ANSWER

Catastrophic Injury Attorney serving Roseland, NJ at John J. Ratkowitz
Update Your Profile
It is hard to tell you whether you have a viable medical malpractice case on the facts given. If the pediatrician never followed up irregular chest sounds, it is possible that you have a cause of action. You would expect a congenital diaphragmatic hernia to detected in a radiographic film, either an ultrasound when you were pregnant, or an xray of the chest that was performed later. If you look at the literature, however, there are reports of undetected congenital diaphragmatic hernias being missed until later in life.  If you want to investigate a case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts.  Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. Click here for an article that explains what you can expect when filing a medical malpractice case. Click here and here for more information about me. Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com. 
Answered on Sep 27th, 2012 at 2:06 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters