What to do if a doctor failed to do a heart screening test before my 8 year old son was put on medicine but he does have a heart condition?

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What to do if a doctor failed to do a heart screening test before my 8 year old son was put on medicine but he does have a heart condition?

Since he has been on this medicine, he went to a new doctor that preformed the test to find out that my son does have a heart condition and should have never been on the medicine to begin with. What can I do?

Asked on December 13, 2012 under Malpractice Law, Nevada

Answers:

Catherine Blackburn / Blackburn Law Firm

Answered 9 years ago | Contributor

Was your son injured?  People can sue for medical malpractice only if they are seriously injured.  This sounds like very good news for your son - the new doctor found the problem and treated it - but bad news for a case - he was not injured and, therefore, has no damages.  I practiced medical malpractice for 30 years.  My clients would gladly trade every penny they recovered just to have their health back.  Count yourself fortunate.


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