QUESTION

Do we potentially have a medical malpractice and medical neglect lawsuit?

Asked on Jun 22nd, 2016 on Medical Malpractice - Maryland
More details to this question:
Are eight month old daughter began regressing as far as sitting up and leaning her head to one side. Took her to our pediatric office and saw the nurse practitioner. The nurse practitioner stated that she had an ear infection and that she also had cerebral palsy. She prescribed an antibiotic for the infection and also gave us some information on Child Services. The next day our daughter began throwing up all morning. Concerned we took her to the emergency room thinking that it may be just a reaction to the antibiotic. The ER doctor immediately became concerned with the size of her head. He ordered an MRI and the results revealed that she had hydrocephalus. Our daughter was then transported to a children's hospital where she was also diagnosed as having an atrt tumor which was causing the hydrocephalus. They also stated that she did not have any infection and that she did not have cerebral palsy.
Report Abuse

1 ANSWER

Catastrophic Injury Attorney serving Roseland, NJ at John J. Ratkowitz
Update Your Profile
The short delay between the visit to the Nurse Practitioner and the return to the hospital and the diagnosis of the ATRT suggests that any case against the nurse will fail on proximate cause. In other words, your child's underlying problem (the tumor) is what is causing her problems, not the delay in diagnosis. Having said that, no nurse practitioner is qualified to diagnose a complex neurological problem like cerebral palsy or a brain tumor, so you should definitely file a complaint against the practice.  If you want to investigate a case further, 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. 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 for more information about me.   Please understand that by answering your question in this informal forum I am not acting as your attorney. I am not doing anything to protect any legal rights that you have.  Medical malpractice cases need to be thoroughly investigated and to know whether you have a viable case, an attorney usually has to obtain and review all of the pertinent medical records and consult an expert.  
Answered on Jun 25th, 2016 at 7:49 AM

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