Since this primary has not done the referral needed for my son to see the ENT, can we sue for delay in treatment and my child’s pain?

NO you need to independently make your own appointment with an ENT of your choice and have the tubes put in your child’s ears ASAP.

I would consult with another doctor to determine what damage the delay caused. Sometimes the delay only inconveniences people, and sometimes it can cause death or permanent problems. If there is a provable result, then sue. I hate it when insurance companies practice medicine; they are not licensed to do so.

Find you a doctor you trust and quit fussing with and about this one.

It certainly is possible that the treatment given your son adds up to medical malpractice. It is kind of hard to measure the damages to which your son would be entitled. But you would do well to contact a lawyer with experience in medical malpractice cases fairly soon. If the doc was a Wisconsin State employee, you must file a formal Notice of Claim and Claim within 180 days of the time a reasonable person would know of the malpractice. If not a State employee, you have three years from that date. But delay is not usually a good idea. Good Luck.

There are medical questions that must be answered first. To successfully sue for malpractice, you need three things: 1. Evidence that the doctor/nurse deviated from acceptable standards of due care, either by act or omission. This is also referred to as negligence. A bad outcome, in of itself, is not evidence of negligence. You need a doctor to testify that the doctor/nurse was negligent. 2. Evidence that the negligence cause some harm. In your case, the question is whether there is something the ENT could have done had the referral been made earlier. 3. Significant damages. If the negligence caused minor damages, it would not be economically feasible to bring a ,malpractice case, because the cost in expert witness fees would exceed your damages. I know some malpractice attorneys who require at least $500,000 in medical bills or lost wages caused by the negligence before they will consider the case. In your case, if our son has some permanent damage that could have been avoided hd the referral been made, you may have a case. If there is no permanent damage caused by the delay, then the suffering for approximately a year may not be enough to justify the suit.

Based on the limited information provided, I cannot determine whether you or your son has an actionable medical negligence action. However, I certainly sympathize with what you and your son are going through at this time. As a Kentucky medical malpractice attorney with more than ten years' experience, I recommend that you make an appointment directly with the ENT, and not wait until your son's pediatrician makes the referral. Once the ENT examines your son, you will be in a better position to determine whether he has suffered any permanent injuries resulting from the delay in having an ENT examine him. If your son has suffered permanent injuries, the chances of having an actionable medical negligence claim rise significantly. Additionally, if you are interested in pursuing a legal case, I would also recommend that you begin gathering your son's medical records from his various physicians and other medical providers. As I tell all potential clients, although you may think that you have a good case, "the proof is in the pudding." In other words, we need to review what the medical records say, and move forward from that point.

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. You will need to get copies of ALL of your son's medical records and have a doctor review them; if he/she is willing to testify that the hospital failed to conform to accepted practice, then you have a case. But even then, these cases are difficult and expensive to prove and they do not settle out of court. So unless there are substantial damages, it does not make financial sense to go forward even if malpractice was committed. As a preliminary matter, you can file a complaint with your state board of health. Before you file it, read it over a couple of times, then have someone read it out loud to you so that you know you have all your spelling and grammar correct. Make sure all of your statements are factual and not opinions, guesses or assumptions. Keep a copy of everything you send and politely follow up once every three weeks or so. These things take time, but they do take them seriously, so be patient. If the Board finds that the doctor's care was deficient, that will go a long way towards establishing a case.