QUESTION

Medical Malpractice: 9 month old baby feeding tube misplaced into colon

Asked on Nov 10th, 2013 on Medical Malpractice - California
More details to this question:
9 month old daughter received straight forward surgery to put Peg Tube (Gtube) into stomach. It was placed incorrecty (tube went through her colon into stomach). For 3 months, did not cause issues. When doctor switched Peg Tube to Mic-Key (smaller Gtube), it was incorrectly placed into colon. After Mic-key placement, xray was done to check if it was placed in stomach. Radiologist thought it was in stomach and sent us home. Damages: -daughter on continuous feeding for 1 month, preventing many activities because waiting for colon hole to heal -constant diarrhea and no nutrition for 2 weeks -dehydration, lost weight, 3 hospital stays -additional future surgery, anesthesia and xray exposure -further delay in development and other planned treatments for other issues -caused parents emotional pain, loss time, and earning capabilities due to extra care, doctor visits, hospital stays. Doctor said this is rare complication. Doctor and radiologist did not discover this in time. Should we sue?
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1 ANSWER

Catastrophic Injury Attorney serving Roseland, NJ at John J. Ratkowitz
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The entire purpose of the x-ray is to insure position, so it sounds like someone made a mistake. Despite this, I do not think you have a financially viable case if there were no long term health consequences. That said, a problem with evaluating any malpractice case involving an infant is that it is very hard to determine the impact of a medical mistakeon a baby. You have to look at milestone markers and try to determine whether there is a developmental issue. If there is, you then have to determine whether the negligence is the cause of it, or whether something else is responsible for the problems. I would suggest that you deal with the immediate medical issues, and see how things play out over time. Usually the statute of limitations is tolled for minors, but to know for sure about that issue you should contact a malpractice attorney in your state and run the facts by him.  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  Click here for my website. 
Answered on Nov 10th, 2013 at 6:42 PM

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