QUESTION
My husband and I are not sure if we should pursue legally. Our now 4 year old daughter was diagnosed and underwent immediate surgery for malrotation.
Asked on Jan 11th, 2014 on Medical Malpractice - Maryland
More details to this question:
After the age of one our daughter began having severe abdominal pain, vomiting, constipation, and extreme liquid bowel movements. We consulted our regular pediatricians who had blood work done for allergies. After months of no answers the general ped. sent us to a GI Spec. There we had numerous tests such as X-rays, upper GI, a week stay in the hospital under this same GI doctors care. After years of no results with this specialist we switched to another specialist but it wasn't long before our daughter was back in the emergency room. Finally the day after Thanksgiving the malrotation was found through a basic X-ray and CT scan in the ER. Thus immediate surgery was required. The surgeon thought out daughters bowels might not even be viable anymore but luckily her rotation was not wound too tightly. After surgery the surgeon asked us how this was missed for so long. Later we provided him with the upper GI done in 11/12 by earlier said specialist. The surgeon h
1 ANSWER
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John J. Ratkowitz
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I assume the rest of your question is going to indicate that the surgeon indicated that the upper G.I. Donna November 2012 showed evidence of an hour rotation. If that is the case (and maybe even if it is not the case) it sounds like you have reason to suspect that your daughter received medical care that was negligent. The key question in the case will be whether you can prove that any lasting damage is was related to the delay in addressing the malrotation of the intestines.
If you want to investigate a 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.
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. Click here to review articles that I have published.
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 Jan 11th, 2014 at 1:43 PM