QUESTION
Can I sue my son's previous doctor for failing to notice an ear problem?
Asked on Nov 30th, 2012 on Personal Injury - Michigan
More details to this question:
My son is 3 years old now but when he was about 12-14 months old, he was suspected to have had a double ear infection that went unnoticed throughout all of his doctor visits. I finally took him to an ear specialist and a hearing testing was done. They said he had that double ear infection for a really long time. My son went through a lot testing. He has mild deafness in right ear and it is worse for the left. I feel we could have prevented this if his previous doctor noticed it earlier.
9 ANSWERS
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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You would have to have a medical opinion on two issues: 1) that the doctor's failure to diagnose was negligent, and 2) that your child's hearing deficits were caused by this failure to diagnose.
Answered on Apr 24th, 2013 at 2:36 AM
First, you should consult with a plaintiff's medical malpractice lawyer for a complete evfaluation of your son's ear infection problem to determine if there was negligence and liability regarding the diagnosis and treatment by the former doctor.
Answered on Dec 07th, 2012 at 1:12 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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In order to prove a medical malpractice case, a claimant must prove a failure to conform to accepted practice, resulting in an injury. Expert testimony from a physician is required. These cases are difficult and expensive to prove and they do not settle out of court. I reccomend that you consult with a medical malpractice lawyer in your area.
Answered on Dec 07th, 2012 at 1:11 PM
Daniel P. Mitchell
You will need a qualified doctor to testify that (1) the doctor in question breached the applicable standard of care, and (2) that within reasonable medical probability, the negligence on the part of the doctor was the proximate cause of your son's hearing problems.
Answered on Dec 07th, 2012 at 1:10 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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What you "feel" is unimportant. If you have a doctor who is willing to say that doctor one overlooked an infection and that overlooking it caused the deafness then you have a claim, but only if the doctor says so and says he is willing to testify. Otherwise you are spinning your wheels and fretting unnecessarily.
Answered on Dec 07th, 2012 at 1:10 PM
If your child has a claim, it can be brought up until the child is 8 years old. However, while it may seem clear, you must have a doctor testify that the delay in discovery and treatment fell below the standard of practice and actually caused the harm. The failure to have a doctor testify to each of those things will mean you won't be able to prove your case.
Answered on Dec 07th, 2012 at 1:57 AM
Ronald A. Steinberg
As I understand it, there is a major dispute regarding the treatment of ear infections in kids. At one point, doctors would give massive antibiotics, and of course, 6 months later, the kid would get another ear infection. Every time the bacteria get hit with antibiotics, they mutate and become immune. Although you may think that this is a "slam dunk," it is a lot more complicated than that. You could talk to a pediatrician for a second opinion.
Answered on Dec 07th, 2012 at 1:54 AM
Medical malpractice suits are very costly and difficult to win. You need to consult several attorneys who handle those types of cases and give them all the facts; act now so you are not barred by a one year malpractice statute of limitations.
Answered on Dec 07th, 2012 at 1:37 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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There is too little information to give you an opinion except you are facing a very short time in which you have to bring a claim for malpractice. SEE AN ATTORNEY NOW OR YOU MAY LOSE YOUR RIGHT TO BRING AN ACTION.
Answered on Dec 07th, 2012 at 12:15 AM