Do I have a case for the wrong treatment due to a misdiagnosis?
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Do I have a case for the wrong treatment due to a misdiagnosis?
My 4 year old was taken to ER after a fall on the monkey bars. They X-ray his forearm. He
was visibly in pain moving anything from his elbow down. The ER doctor diagnosed it as
Asked on October 29, 2016 under Malpractice Law, Ohio
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
The main issue is, how much additional damage (if any) was done by the attempt to fix a dislocation which did not exist? If, as we hope, there was little or no additional harm, there is no point in suing: the amount of money you can get in a malpractice suit is related to the extent of the injury (and the additional out-of-pocket medical costs, if any). Since a malpractice case can be very expensive (you need to hire a medical expert to write a report and testify, if necessary), with minor harm or costs, you can spend considerable more on the case then you get back.
On the other hand, if your son will suffer some long term impairment due to the ER's mistake, and/or will need multiple treatments or follow-up, costing you a great deal of money, then consult with a medical malpractice attorney (many provide a free initial consultation; you can ask about this and verify it before making the appointment) to discuss the situation. A misdiagnosis *can* be malpractice, if it was careless or negligent (wasn't up to contemporary standards for medical care); experienced malpractice counsel can help you understand if this case falls into that category and if you have a viable case.
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