Can I sue if the doctor has ordered an unnecessary test on my baby?

Question

I visited the ER with my 9-month year old son because of a minor fall. As we were getting discharged, I asked if my baby was getting a x-ray? And Dr. Choo replied "do you want one?" So I said "yes."  Not knowing anything, I assumed an X-ray was protocol after a fall. So we waited and had a CT scan done. We waited for the results and he said everything was fine. When I got home, I checked online to see what exactly a CT scan was. And I am still in disbelief, there is no reason why this doctor should have went ahead with this scan. It was completely unnecessary and harmful for my baby. He had no swelling or bleeding.  I am very upset there is a doctor who do this to a baby and don't understand why he didn't explain anything to me.  This is the worst kind of doctor. As a father if 3 children, he should have known this was not the best option for my child. I will forever be haunted by this experience and never trust doctors again. My growing babies cells could be mutated by the harmful radiation he was exposed to that night. He should be banned from practicing.

Paul Whitfield · Answer

You need to calm down and stop calling people names. I doubt if you know half of what you said. First of all what was the harm to your child? Was there? If you think so you should have a medical doctor review the chart and make a statement as to whether there is malpractice. if there is report it to the hospital director, the medical society and see a PI lawyer if there is or was some real harm.

Ronald A. Steinberg · Answer

It is the ER's responsibility to confirm the status of the child.  Just pay for it, and be glad they checked for a brain bleed.

James Kelaher · Answer

First of all, I dont know what you read that said a CT scan was harmful to your son, because I have never seen any literature that suggests that. Second, if the fall involved your son hitting his head at all, then a CT scan is the proper protocol for any head-related trauma.  A simple x-ray will not reveal any injury to the head, while a CT scan will. If you ask any radiologist what the appropriate test is for a baby who sustained any head trauma, every one will tell you a CT scan.

Barry Rabovsky · Answer

You should consult an attorney.

Kevin J. Connolly · Answer

Wow. You should be ashamed of yourself. The only malpractice I see here....oh, I can't say...I would get banned.

Christian Joseph Menard · Answer

You need to have your child's medical records reviewed by an expert in the field of emergency medicine. If after his review, and perhaps an examination of your child, he opines that the initial treating doctor was negligent, then you may have a case provided you can prove that your child sustained injuries.

Andrew Velonis · Answer

So you wanted the test done and now you're upset because he did what you wanted him to do. Sue yourself for picking the wrong doctor.

Mark T. Peters · Answer

No, he is not the worst kind of doctor.  The worst kind of doctor is one who ignores obvious symptoms and does nothing to help the patient.  You should check to see what would normally be done by other ER doctors in your locale with this kind of situation.  And don't forget, he asked if you wanted additional tests. You heard x-ray, he heard test.  In other words, you can sue, but chances are it will cost you a lot of money and you have a slim chance of winning.  If you really think this requires further action, file a complaint with the hospital and the board governing doctors.

Kevin Habberfield · Answer

You have no or very little damages. You need to see a medical malpractice attorney but, I don't know any that would take this case. If an x-ray will "haunt" you forever, you're in for a lifetime of disappointment. There are no studies that show a single x-ray or CT on a baby will affect them in anyway.

David Stoddard · Answer

If actual harm occurs to the child, you may have a viable suit, if you can obtain a physician who will testify that the doctor was negligent and that it caused harm. If no harm occurs, then there would be no justification for a suit.

James Eugene Hasser · Answer

You can sue, but can you win? Probably not. Whether the test was necessary is a matter of a medical opinion, and, as you know, everyone has an opinion. To win, the law requires you to have another Dr testify that the test was medically unnecessary. That will be expensive because you will have to hire an out of state medical expert to do that. Drs within the state will not testify against each other. The cost of getting that opinion will outweigh any potential return you may get because there were little or no injuries to your son. My suggestion is that you talk it over with your medical insurance company and see what suggestions they have. Good luck.

Erven Nelson · Answer

Under the circumstances as you have explained them, I do not think that you have a claim against the Doctor.

Sandeep Agarwal · Answer

If you feel the test was unnecessary, first tell the doctor and ask why was the test done?  Was it done for a reason other than me asking for it? Second, notify your insurance company that you believe that the  test was not necessary, and the doctor only did it because I asked and  not because he felt it was medically necessary. Third, notify the state  medical board of the state you live in.

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Can I sue if the doctor has ordered an unnecessary test on my baby?

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