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My 13-year-old son had to have open heart surgery last month becasue he was born with both arteries on one side which made it difficult for him to play sports because he would have difficulty breathing and he would have terrible chest pains.All this was unknow about him becasue when he was 6 and first started playing sports he was having these pains but his then peditrian(now deceased)claimed that he would grow out it and never did any tests on him.Now this pain had been going on until he turned 13.His peditrician two years ago never did any test on him but ruled out that he had asymum and prescribed him with a pump.He prscribed a oral medication and that was that.So this year when he had his pain during p.e at school and they called me I went to that doctor ,I told him to refer me to someone else because he was not doing what he was suppose to do.The docot that we went to did a MRI and they found that his arteries were located on both side and he needed surgery now.His dr. failed to

2006-11-21 13:51:07 · 9 answers · asked by qtpie34 2 in Politics & Government Law & Ethics

9 answers

you *can* sue anyone you want. that said, i fail to see what outcome would have changed if it had been detected earlier....

1. no harm came to your son. - no harm, no value can be assigned
2. he would have simply needed surgery "sooner" - identical outcome
3. it is not your *right* to have your son be an athelete. - no civil rights were violated.

2006-11-21 14:02:30 · answer #1 · answered by mikesheppard 4 · 1 0

You can sue a doctor for malpractice. But the issue becomes finding 2 doctors that will sign aphadavids stating that the dr failed to do his job.

It puzzles me that going to the new pediatrician (since the 1st one passed away), you wouldn't have furnished him/her with the past medical records, or at least verbally informed him/her with the past diagnosis.

But from what I know, malpractice is rather pricy on both ends, and time consuming. You will need to be very dedicated to the case, and follow it through. What I am saying, I guess, is ask yourself if it is really worth it, and if it will make your lives better. If you answer yes to both questions, then go for it. If not, just change doctors, and chalk it up to experience.

2006-11-21 22:37:54 · answer #2 · answered by volleyballchick (cowards block) 7 · 0 0

Yes, in this country, anyone can sue another for any reason. However, a legitimate reason will give the lawyer a reason to work for you. So, consult with your lawyer to see if you got a serious winning case here, either for the cause or money.

In this case, the doctor has malpracticed. Doctors have malpractice insurance to cover such failure, however, the law suits are what make the insurance so expensive for the doctors, and guess who get hurt? We do, doctors and hosital just charge it back to us. If you believe they have done wrong and they haven't taken any responsiblity, then sue them. Otherwise, let them fix the problem.

2006-11-21 21:59:35 · answer #3 · answered by Zeta 2 · 0 0

I wouldn't want to be a pediatrician, or any kind of doctor, for that matter. It is terribly distressing to learn your son has a serious illness, and extremely distressing to find out after 2 pediatricians said there was nothing serious he would grow out of it. And it is natural to want to aim your anger at someone.
However suing the pediatrician will not give your son his health back, and I doubt it will even make you feel better. You could end up spending an awful lot of money on it, too. It could also contribute to make doctors more afraid of making any decisions. So, I would really think twice about it.

2006-11-21 22:06:11 · answer #4 · answered by Mr Ed 7 · 0 0

It's people like you that have raised the medical insurance for all Americans to their elevated rates that we pay now. Doctors are not mind readers. It even took you 7 years to realize there was a problem. Should he sue you for not taking proper care of him?

2006-11-21 22:03:53 · answer #5 · answered by Carl-N-Vicky S 4 · 1 0

I don't see why you wouldnt be able to! I would sue him. He should of done some test. Some doctors i tell you don't know what there doing. They should be more careful espeically when it has to deal with the health of a child! go ahead sue the bastard!

2006-11-21 22:00:12 · answer #6 · answered by Felix S 4 · 0 0

Dont Sue

2006-11-21 21:59:10 · answer #7 · answered by lyssa1913 2 · 0 0

There seems to be some type of grave misdiagnosis here-talk to an attorney. (Do you have an attorney-friend?)

2006-11-21 22:00:45 · answer #8 · answered by Double Century Dude 3 · 0 0

Your question got cut off a bit, could you fix that please?

2006-11-21 21:59:30 · answer #9 · answered by Anonymous · 0 0

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