What to do if my 8 year old was recently diagnosed with metatarsus adductus and the podiatrist told me her primary care physician should have noticed the problem years ago?

I brought this to the PCP’s attention twice. Once when my daughter was a baby and again a few years ago. Both times he brushed me off stating that she would “outgrow” the problem. She is now needing treatment that will take years and will cost hundreds, if not thousands, of dollars. Do I have legal recourse against the PCP?

Asked on October 1, 2014 under Malpractice Law, Pennsylvania

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

I can surely understand how upset you must be about this.  The condition is congenital and diagnosed by examination.  One would think that if you noticed it the physician should have too and at the very least sent you to an orthopedist way back when.  I would consult a med mal attorney in your area asap. If his or her actions deviated from the normal standard of care and as a result your child must now go through a much more difficult course of treatment because he or she is older I think you have a good shot.  Good luck.


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