QUESTION

can i sue if a doctor negleted to tell me about my daughters heart problems

Asked on Apr 27th, 2013 on Medical Malpractice - Texas
More details to this question:
my daughter was born in 2012 and for 5 months we were fighting to get her insurance but we keep taking her back to the hospital because she keep coughing and it keep getting worst and all they did was look in her ears and say that she was "fine". When i told them that she finally got medicare they ran a chest x-ray and sent her to childrens hospital in dallas, tx, where we found out that she had three holes in her heart and the doctor told us when she was born that she was fine and that there where no problems, but the doctors at childrens hospital said she was born with the holes since they just don't pop up out of nowhere.
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1 ANSWER

Catastrophic Injury Attorney serving Roseland, NJ at John J. Ratkowitz
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When babies are born with holes in their hearts, it is not always an obvious condition and sometimes the condition is not immediately diagnosed. To know whether the doctors treating your daughter were negligent, an attorney would have to review all of the pertinent medical records. The exam findings for an atrial septal defect (ASD) often aren't obvious. Thus, the diagnosis sometimes isn't made until later in childhood or even in adulthood. Ventricular septal defects (VSDs) cause a very distinct heart murmur, and if your daughter had this kind of problem you would expect an early diagnosis.  A big question in any case that you pursue will be whether any delay in diagnosis resulted in additional harm. If it did not, the case will not be financially viable.  If you want to investigate a malpractice 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,  ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine. 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. 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  Skype: john_ratkowitz Click here for my website. 
Answered on Apr 28th, 2013 at 5:59 PM

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