In order to prove a medical malpractice case, a claimant 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. In your daughter's situation, pain and redness often do indicate infection. There may also be a question as to whether an earlier, correct diagnosis would make a difference in the ultimate treatment and recovery of the Bell's Palsy. Still, an expert opinion might yield a result that the doctor did not use proper protocols and that had he done so, the correct diagnosis would have been made and correct treatment would have been effective. You would need expert opinion testimony in any event, which will cost thousands of dollars. Do not hesitate to contact a lawyer in your area who handles medical malpractice cases.
Answered on Jan 08th, 2014 at 11:29 PM