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my son fell 5 or 6 feet on his head, had a seizure and was air lifted to trauma unit. when i arrived he was stable. they did a cat scan o mri, i was never told which test was actually taken. also they released him later that day and i was told the scan was clear, needless to say i followed up with reg, Doc. and then a nuro doc which upon the doc walking in stated to my son"your lucky to be alive" I was like huh, i was stunned and asked why and what did the scan state from hospital, turns out he fractured his skull and i was never told by hospital and i let my son skate and try to return to normal life. i was a nervoes wreak and then to find out at a later date what the scan stated I am even more scared and mad. also he was coughfing up blood which was never looked into at the traima unit. he is stable now per pending MRI that I am waiting for the date to have a MRI done per nuro doc. request.
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John J. Ratkowitz
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You would expect the hospital to rule out a fractured skull in those circumstances, so it sounds like you have reason to investigate whether someone made a mistake. The question, however, is whether the case is financially viable. If your son did not suffer from any additional harm because of the delay in diagnosis, you can't prove your damages case, and so the case is not financially viable.
Medical malpractice cases are very costly and time consuming for lawyers to pursue, and in most circumstances attorneys will not take them on unless a patient suffered a significant permanent injury that causes substantial disability as a result of the medical mistake. So, like you, I hope you find out you do not have a case.
If you do suspect that your son was damaged by the delay in diagnosis, and 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.
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 Mar 12th, 2013 at 10:25 AM