QUESTION

Can i sue my daughters pediatrician for misdiagnosis?

Asked on Apr 01st, 2014 on Medical Malpractice - Colorado
More details to this question:
I took my daughter to her dr because she had a headache and a high fever so they said she didnt know what was wrong and sent her home with a zpac and some steroids. so friday she wasnt getting better so i called the dr and they said to wait for the meds to start working and to wait till monday, so i took her to ugicare and they said she had a sinus infections said to wait till monday then give her these new meds, so by sunday she couldnt talk and her right hand was cramping so i took her to the er where she had to have not 1 but 3 sugery to get an infection out of her brain. i guess my question is are they at fault? this is brief and to the point in a nutshell.
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1 ANSWER

Consumer Law Attorney serving Denver, CO at Chalat Hatten & Banker PC
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I hope your daughter is recovering nicely from her ordeal.  The events you describe are disturbing but whether malpractice occurred is not clearly apparent.  Much will be determined by her medical records, the precise symptoms noted by the pediatrician and the urgent care staff and the final diagnosis which resulted in the surgeries.  But it would appear that at a minimum the pediatrician should have seen her again on Friday or referred her to the ER.  If your daughter's condition was such that a reasonable pediatrician would have recognized the severity of her infection, or at least would have known to perform further diagnostic testing, then there may b a basis for a medical malpractice claim. The second consideration is the harm suffered by the delay in proper diagnosis.  If the infection could have been treated without surgical intervention had it been caught earlier, then there may be sufficient harm from the malpractice to justify filing a lawsuit.  If the treatment would have been the same whether diagnosed a few days earlier or on Sunday, then there is probably not sufficient harm done by the delay to make it worth your while to pursue a lawsuit. If you have further questions, I would be happy to answer them and discuss your options during a free consultation.  
Answered on Apr 02nd, 2014 at 3:41 PM

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