What to do if my son was born with a spinal tumor and sculiosis that went undiagnosed for 9 months?

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What to do if my son was born with a spinal tumor and sculiosis that went undiagnosed for 9 months?

The tumor was finally removed. His regular pediatrician when he was born told us that he had colic really bad. He even did x-rays and never saw that his backbone was as crooked as a question mark. He led us to believe that my son’s pain was due to colic for 9 whole months. I couldn’t even hold my baby. Is there a claim that I can bring against the pediatrician?

Asked on March 13, 2013 under Malpractice Law, Mississippi

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Medical malpractice is negligence.  Negligence is the failure to exercise due care (that degree of care that a reasonable medical practitioner in the community would have exercised under the same or similar circumstances to prevent foreseeable harm).

It would be advisable to obtain the medical bills and medical reports; especially the medical report from the surgeon who removed the tumor.  The report will provide additional evidence for your malpractice claim against the pediatrician.  If the surgeon's report is not strong enough to establish malpractice, it would be advisable to have the medical reports and records reviewed by another doctor, who may write a stronger report supporting your malpractice claim.

Prior to filing a lawsuit for negligence against the pediatrician, it may be possible to settle the case with the pediatrician's malpractice insurance carrier.  Your son's claim filed with the malpractice insurance carrier should include the medical bills and medical reports.  Compensation for the medical bills is straight reimbursement.  The medical reports will document the nature and extent of your son's condition, and will be used to determine compensation for pain and suffering, which is an amount in addition to the medical bills.

If the case is settled with the pediatrician's malpractice insurance carrier, NO lawsuit is filed.  If you are dissatisfied with settlement offers from the malpractice insurance carrier, reject the settlement offers and file a lawsuit for negligence against the pediatrician.  You will need to be appointed guardian ad litem to file a lawsuit on behalf of your son.  If the case is NOT settled with the pediatrician's malpractice insurance carrier, the lawsuit on behalf of your son must be filed prior to the expiration of the applicable statute of limitations or your son will lose his rights forever in the matter.


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