QUESTION
Can I sue for not 1 but 2 doctors who missed my son’s ruptured appendix?
Asked on Mar 31st, 2014 on Personal Injury - Alabama
More details to this question:
My son is 16 and recently became terribly sick. I was called to come pick him up at school on a Friday (approximately 2 weeks ago) morning with severe abdominal pain, vomiting, and high fever. I took him straight from school to his primary care doctor who after evaluating him was diagnosed with a bad stomach virus. I was told to make sure he was kept well hydrated and if no better bring him back. He didn't get any better. I took him to our local urgent care on the following Monday where that doctor once again stated he still had a stomach virus. I even mentioned appendix and was told by the doctor that my son would be exhibiting more pain if this was the case. He did the "pressure" test where he pushed in his stomach and let off and didn't feel it was appendicitis. On Wednesday of the same week my son was still running a fever and just not looking well so I called his PCP back and was once again told that the virus could last 6-10 days with general fatigue and fever. On Friday of the same week as going to urgent care I finally took him to the Emergency Room where he was eventually diagnosed with a ruptured appendix that now had a huge abscess on it. I was told by that Emergency Room doctor that once the appendix is ruptured the pain is not as bad so the "pressure test" would not have been effective anyway. We were admitted in the hospital and immediately place in strong IV antibiotics 4 times a day. He stayed in hospital 6 days. We have been told that the abscess is too large at this time for the interventional radiologist to drain as it is attached to his intestines. We are now doing 2 weeks of by mouth antibiotics and have an appointment to see a pediatric surgeon to see if he can do the surgery. Either way I have been told that my son has a long road ahead of him. Do we have grounds to sue for a misdiagnosis or pain and suffering?
8 ANSWERS
Ronald A. Steinberg
Yes, but what are the damages? Did he die? Did he suffer a significant infection that put him out of work or school for an exceptionally long period of time? Did the systemic infection/sepsis leave him with a permanent problem? Unless one or more of the questions are YES, then you do not have a big enough case to pursue.
Answered on Apr 03rd, 2014 at 12:07 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Really medical questions. Not legal at this point. I dont know how difficult it is to diagnose such a problem, but since 2 drs missed it I thin k maybe difficult. so, what else? Did the failure of diagnosis constitute medical malpractice ? yes or no? if it did, what damage was caused by that failure. He is having a bad time but he may have had a bad time anyway regardless. So the question would be how much damage was caused by the failure to diagnose? understand? see a good lawyer for full review of all facts.
Answered on Apr 03rd, 2014 at 11:35 AM
It sounds like you may have a good case for medical malpractice. If you would like to discuss this further,
Answered on Apr 03rd, 2014 at 11:19 AM
Personal Injury Law Attorney serving Naperville, IL
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Law Office of Barry R. Rabovsky
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You may have a case for the failure to render treatment for the possible rupture. Although there is a time limit for filing the claim, it would be helpful to summarize all of the treatment and bills related to the incident.
Answered on Apr 03rd, 2014 at 10:26 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Generally, at least in Michigan, you can only sue for malpractice if you can find another physician who will state that the standard of care was violated. We are certainly welcome to engage an attorney to determine whether or not that occurred, but it will be necessary for that attorney to seek expert medical advice which you of course will have to pay for. The correct course of action most probably will be determined by whether or not your son fully recovers and you can only collect for the actual damages caused if there was an error.
Answered on Apr 03rd, 2014 at 10:19 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Yes, it is not unusual to include more than one physician in one medical malpractic case. But, in order to prove a medical malpractice case, you must prove a failure to conform to accepted practice, resulting in an injury. A bad result is not enough, and if it is a "judgment call" by the doctor, there is no malpractice, even if the doctor made the wrong call. You will need to get copies of ALL of your medical records and have a doctor review them; if he/she is willing to testify that your son's doctor(s) failed to conform to accepted practice, then you have a case. These cases are difficult and expensive and do not usually settle, so it can be a tough call on the lawyer's part to decide whether to go ahead. Of course, you will have to see what the course of recovery and long-term effects are going to be for your son.
Answered on Apr 03rd, 2014 at 10:13 AM
Consumer Law Attorney serving Denver, CO
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Chalat Hatten & Banker PC
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You share a very disturbing sequence of events. I hope your son is improving. It does appear that both his PCP and the urgent care staff failed to adequately care for your son and you may have a claim for misdiagnosis against both. Medical malpractice cases are very difficult, particularly in Colorado - you should discuss the case with an experienced malpractice lawyer. I would welcome an opportunity to answer your questions and explain the process if you wish to call my office.
Answered on Apr 03rd, 2014 at 10:11 AM
James Eugene Hasser
Whether or not there was malpractice will take the opinion of a medical expert. Medical malpractice lawyers typically have such experts available. Consider consulting one. Good luck.
Answered on Apr 02nd, 2014 at 9:02 PM