Would you sue? Would you report the doctor? What should I do?

Question

So here is what happen. I took my three year old son to his new doctor for his three year old checkup.Everything was good but he was due to have a TB (tuberculosis) test.Well the doctor came in with the needle to inject under his skin.She did not bring any help and my son ripped the needle out of his arm so she preceeded to jam it back into him.Well I took him back two days later because he had a bump.She said the test was positive and he needed xrays.He had xrays that came back clear.Well she tells me he needs nine months of antibiotics as a 'precautionary measure' she also told me not to let anyone else test him.I found it fishy and took him for a second opinion.He had a new test which was negative.So I almost gave my three year old nine months of harsh antibiotics because a doctor didn't do things properly.

So here is what happen. I took my three year old son to his new doctor for his three year old checkup.Everything was good but he was due to have a TB (tuberculosis) test.Well the doctor came in with the needle to inject under his skin.She did not bring any help and my son ripped the needle out of his arm so she preceeded to jam it back into him.Well I took him back two days later because he had a bump.She said the test was positive and he needed xrays.He had xrays that came back clear.Well she tells me he needs nine months of antibiotics as a 'precautionary measure' she also told me not to let anyone else test him.I found it fishy and took him for a second opinion.He had a new test which was negative.So I almost gave my three year old nine months of harsh antibiotics because a doctor didn't do things properly.Just wanted to add she did the actual needle injection under his skin.She said she was looking for a bump over 5mm.Im not really interested in sueing

Her exact words were,"Do not let anyone else test him.He has been tested.It was positive and he will recieve treatment."

I was also told by law he had to receive treatment

Answer 1

Registered Nurse Here; If you are 100% sure the physician told you "Not to let anyone else test him". I WOULD SLAP A LAWSUIT ON HER A**, SO D*** FAST, SHE WOULD THINK SHE WAS IN A TIME MACHINE. FURTHERMORE A TB TINE TEST IS NOT EVALUATED BY A BUMP, BUT A DISCOLORATION. You probably wont agree with what I'm going to share with you next. But this is what I would do if it were my child. A physician, even when wrong will not subject a child or anyone else to unnecessary test, or medication regimen. Now something as stuck in my mind here, the work "Precautionary", which does not mean your Son has active TB, but that something in the way the tine test on the skin appeared, led this physician to believe your son needed these medications. Now she may just be a sorry A** Physician. However with the increase of TB on the rise in this country, and seriousness of the disease. I would absolutely, without a doubt, go for that third opinion. The tine test will show positive prior to a chest xray if TB has just been contacted, for it takes weeks for the spots to start to show up in the lungs. Now if that inital tine test was somewhat discolored, this is a positive test, now here lies the dilema, the second tine test given that closely to the inital tine test could have given a false negative. I know your thinking, dang it, among other things. I'm not a physician, however I'm a Registered Nurse, who has worked since the age of 19 and the past 25 years, in emergency rooms, and ICU. Again I don't mean to cause alarm, but if it were my child, I would be pissed at the intial docotors actions but I would carry my child for that 3rd opionin. Not trying to be sarcastic here, but I have not met a physician yet-named Jesus Christ. The second doctor could be wrong.

Answer 2

sign a release and get copies of all tests reports and documentation-also a consult note from the second md. I would contact what ever abuse medical hotline you have in your area-lucky he never had the antibiotics-but her holing him down and Jabbing him is considered abusive behavior towards a patient.You should also write a letter to the head of the facility you were at an report what happened

Answer 3

At the very least, I would report this doctor. No good doctor would ever advise you against getting a second opinion. Talk to the new doctor you took him to and get an opinion from him/her. I'm not a big fan of litigation, but I do believe it is important to take responsible action to prevent this from happening to someone else.

Answer 4

Something doesnt sound right. No doctor ever tells a patient not to talk to anyone else. If she really did say that - then skip the lawsuit - talk to your state prosecuting attorney and the medical board.

If those avenues fails to shut this doctor down, THEN see a lawyer and sue the fool out of them and make sure the media picks up on it.

Answer 5

i work with TB patients and small children. first, i question why he needed a test-- is he around high risk people?? anyway, honestly, it doesn't sound like there is much to be able to sue over, no matter how harsh that sounds. but i do feel like hearing your story, this particular MD maybe shouldn't work with children. or better yet, be updated on TB protocols. a "bump" doesn't necessarily mean you need meds. it's more complicated then that. so no, doesn't sound like you really have anything to sue over, but if i were you, i'd be finding a new MD for my child!

Answer 6

doctor didnt really do anything wrong... probably should have retested the kid though before starting antibiotics. you would spend more money on attorney fees than you would likely win since there was no damage done, and you could report her to the AMA if you really felt an unjustice was made, but i doubt they will do anything to the doctor, especially if there was a positive test result. id just let it go.

Answer 7

Contact your State's Board of Medical Examiners. That incident is probably not a cause to sue, but you can report the Dr. to this panel and they will investigate the Dr. and it will become part of his/her record, and the Dr. will be informed that you reported him/her. Sometimes they post the complaint on the Dr.'s record at disciplinedDocs.com

Answer 8

To successfully sue, someone would need to have suffered harm. First he should have administered a "tine test" , a general screening for TB, and very inexpensive. You might report this physician to the insurance company for improper care, but as for suing, I think you are out of luck.

Answer 9

Contact the AMA, the board that licenses Drs. If your son didn't suffer any real harm or need treatment, it is doubtful that you can win a lawsuit. However, I would demand that she return any fees you paid her. Never, ever go to that Dr. again.

Answer 10

Yes, report her to your state's medical licensing agency. Send me a message and I will be happy to look up the appropriate agency for you. After their investigation, you may be in a position to contact a malpractice attorney.