QUESTION

Can I seek medical malpractice?

Asked on Feb 16th, 2015 on Medical Malpractice - Georgia
More details to this question:
I had my son on April29,2014 at Wellstar in Austell,Ga.He was born with an eye condition called Peter's Anomoly.I continuosly told the staff something was in my son's eye.They blew me off each time saying it would clear up in a few days.I told them to please take a look noone did. This condition should've been noted at birth.His discharge papers stated they tested his eyes and got a red reflex.When in reality he doesn't have a reflex in his left eye. I feel as though they falsified his medical records.They neglected to test him for blindness or eye defiencies as they are supposed to.They probably billed my insurance for these tests.I just want them to be held accountable for neglect.
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1 ANSWER

Catastrophic Injury Attorney serving Roseland, NJ at John J. Ratkowitz
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The failure to diagnose the condition may or may not have been negligence, depending on how prominant the symptoms were. I think the real question in the case is whether the delay in diagnosing the condition caused additional damagem because as you are no doubt aware, it is a congenital condition that can result in significant low vision even when it is timely diagnosed.  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. This discusses the issue of financial viability. Click here for an article that explains what you can and should expect when pursuing a medical malpractice case. Click here, here  and here for more information about me. Click here for summaries of some of the cases that I have litigated. Click here to review articles that I have published. Since I am a lawyer, I need to advise you of the following when I communicate with you: 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  Click here for my website.   
Answered on Feb 16th, 2015 at 9:20 AM

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