What can I do if my child was misdiagnosed by a doctor?

For a medical malpractice case to be worth pursuing there must be substantial permanent injuries. These kinds of cases are expensive and labor intensive. Only a severe injury warrants the costs, commitment and risk of loss that an attorney must assume.

If he got better and has no permanent problem because of the episode, there is no need to file any type of lawsuit. You could complain to the hospital administrator about your reatment. F

We caution all potential clients that medical malpractice claims are very difficult to win - few settle and those that are tried are won by the doctor 9 out of 10 times. Those cases which have the best chance for a good outcome for the plaintiff are those where a clear act of negligence, or omission of appropriate care, are clearly apparent in the medical record. Even if negligence can be established, I am doubtful that it would still be in your best interest to pursue a case. We estimate that the litigation expenses alone, excluding attorney fees, will run $30,000 to $50,000 for the "average" medical malpractice case - these are costs for which the plaintiff is responsible regardless of the outcome of the claim. Only those cases where there is catastrophic injury requiring significant future medical expenses do the damages warrant the risk of litigating the claim. I regret not being able to offer more hopeful advice, but given the information you provide I do not believe the delay in proper diagnosis will compel a jury to a substantial award. Another attorney may have a different opinion and I encourage you to seek a second opinion. Please keep in mind that you have a two year statute of limitations in Colorado for filing a medical malpractice claim, you must file within two years of the act of negligence or lose your right to do so. Other time limitations may apply.

In order to bring a claim for medical malpractice, you have to (1) obtain all of the records (at $1 a page) and (2) get an affidavit from a "similar health care provider" attesting to that doctor's belief there was malpractice (at your own expense, or the expense of a lawyer who will expect to be paid back out of the proceeds of the recovery). It doesn't sound to me like the possible recovery would be worth all of the expense if your child did not suffer severe, permanent injury and if your medical insurance paid the bills. The law in Florida is extremely favorable to doctors.

I hope your child is doing better. If your child has suffered significant harm, physical or mental, then you may have a valid medical malpractice claim against the hospital and or doctor that performed care on your child. Filing a medical malpractice claim can be difficult and expensive. If your child did not suffer significant harm, but you feel that you should not be charged for the misdiagnosis by the hospital/doctor, then I recommend you write a letter to the hospital requesting any charges related to that particular visit be voided. However, if your child is still suffering because the healthcare provider did not diagnose the condition in a timely manner, then you may have a good claim. Providing an attorney with more detail on your situation will assist them in giving you a more appropriate answer for your particular situation.

If you knew an xray should have been taken as the first step in diagnosing the belly ache, you should have refused to leave the ER until they did an xray, which only shows major fractures or other gross internal abnormalities. All of the medical expenses and time loss from your job should be submitted to the first hospital for payment. Certainly not by Medicaid.

While this was an unfortunate incident which no doubt caused you and your son some anxiety, in my opinion it does not justify a lawsuit. I would recommend that you find a health care professional in whom you have confidence and take your son to that person for future care.

Consult with a plaintiff's medical malpractice attorney regarding your child's medical problem, diagnosisand treatment.

You can always sue for a misdiagnosis. The few facts given don't tell me much about the case. What was the problem diagnosed as? What was or is the damage other than temporary stomach ache? I dont think doctors usually xray a child for a stomach or earache.

Medical science is not an exact science. The question is whether the doctor followed acceptable procedure on the facts available at the time. Get copies of all the records and see what they say (you may need some help with this with all the abbreviations and technical terms). If it contradicts the facts as you know them to be, file a complaint with the state health department.