If doctors failed to tell parents about a condition noticed 2 years ago which now may require surgery to correct, could they be responsible to pay?

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If doctors failed to tell parents about a condition noticed 2 years ago which now may require surgery to correct, could they be responsible to pay?

I recently insisted my daughter have back X-rays because of her posture. We found out that she has scoliosis. Her pediatrician says she needs to see a specialist and is likely done growing so not sure how much can be done. I found out they noticed her condition 2 years ago during a chest X-ray. I was never told and am furious that I could have gotten her into a specialist back then and would have better results for treatment while she was still growing. Is this negligence and do I have any legal leg to stand on in terms of her therapy/surgery being covered by the clinic that didn’t let me know back then?

Asked on April 5, 2012 under Malpractice Law, Minnesota

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Speak with a medical malpractice attorney right away--do not lose any time--since you may have a cause of action.

Malpractice, or literally "bad practice," is the provision of medical care which does not meet currently accepted standards. Failing to warn a patient (or in this case, her family) about a condition which a physician noticed could easly be malpractice, and you could potentially recover for the extra  damage and medical costs caused by the delay.

The reason to hurry is that there is generally a short "statute of limitations," or time to sue, for malpractice claims; if you wait too long, you will lose the right to sue.


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