QUESTION
What legal action do I do if my daughter had at temp of 104.5, took her to the doctor and they said she just have a cold?
Asked on Jan 14th, 2014 on Personal Injury - New York
More details to this question:
She has asthma, her chest sound so cloudy and they sent her home saying she just had a cold. The next day her temperature was still high. I took her to a different doctor. She was diagnosed and the new doctor wonder why they sent a 2 year old home with that high fever. She has history of pneumonia.
6 ANSWERS
You did not say what the new Dr. determined it to be. You also have not indicated whether she would have recovered sooner had the first diagnosis been correct. There must be damages for there to be the basis of a law suit.
Answered on Jan 17th, 2014 at 4:17 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You may have a failure to diagnose but you have damages for one days pain and suffering. What is that worth? hundred dollars, a thousand dollars? Not worth your time and effort and expense to bring a case on these facts
Answered on Jan 17th, 2014 at 2:51 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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But what was the result? Unless there are severe consequences, it would be impractical to pursue.
Answered on Jan 17th, 2014 at 2:50 PM
Regulatory Attorney serving Spokane, WA
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Deissner Law Office, P.C.
Unless she suffered a serious injury due to misdiagnosis, and some doctor will so testify, you don't have any legal claim for malpractice.
Answered on Jan 17th, 2014 at 2:50 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You don't take any legal action. Your daughter has not suffered permanent harm. What you do is find a doctor that understands your daughter's condition.
Answered on Jan 17th, 2014 at 2:50 PM
James Eugene Hasser
It really takes a medical expert to answer your question. Although medical malpractice lawyers typically have such experts available, I don't believe your damages would justify the cost of having an expert review the records. However, I may be wrong. Consider consulting a medical malpractice lawyer.
Answered on Jan 17th, 2014 at 2:50 PM