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Medical Malpractice

Been the victim of Medical Malpractice or fighting a malpractice suit? Discuss it here.

Medical Malpractice

Postby Burgeis » Thu Dec 01, 2016 10:23 am

my 11 year old son as diagnosed in October with a bulging disc at L5-S1 from an MRI that was done in the beginning of October. He was treated for two months with PT, and the condition got worse. We followed up with the doctor on November 30 for the second time, and I requested an immediate MRI.  I took him back to the same facility that performed the first MRI.  We were told then that he had a severe herniation and a fracture of the spine, and told to go to the ER.  Later to find out that he had a massive tumor on the L2 vertebrate.  He was misdiagosed.  I recently got the previous MRI films to see that the tumor was visible two months prior.  My son needed to have 11 hours of surgery a full blood tranfusion and titanimum rods to rebuild his vertebrate and pedicle that was destroyed by the tumor.  The tumor ended up benign, but he went through four surgeries from biopsys to emblizations to the final surgery to rebuild the back.  I don't understand how they didn't see the tumor, when I did as soon as I viewed the cd. I am not a doctor, and I saw it as plain as day. Do you think that there is a valid malpractice case here.
Burgeis
 
Posts: 38
Joined: Thu Mar 20, 2014 10:18 am

Medical Malpractice

Postby chay » Thu Dec 01, 2016 8:57 pm

my 11 year old son as diagnosed in October with a bulging disc at L5-S1 from an MRI that was done in the beginning of October. He was treated for two months with PT, and the condition got worse. We followed up with the doctor on November 30 for the second time, and I requested an immediate MRI.  I took him back to the same facility that performed the first MRI.  We were told then that he had a severe herniation and a fracture of the spine, and told to go to the ER.  Later to find out that he had a massive tumor on the L2 vertebrate.  He was misdiagosed.  I recently got the previous MRI films to see that the tumor was visible two months prior.  My son needed to have 11 hours of surgery a full blood tranfusion and titanimum rods to rebuild his vertebrate and pedicle that was destroyed by the tumor.  The tumor ended up benign, but he went through four surgeries from biopsys to emblizations to the final surgery to rebuild the back.  I don't understand how they didn't see the tumor, when I did as soon as I viewed the cd. I am not a doctor, and I saw it as plain as day. Do you think that there is a valid malpractice case here.
chay
 
Posts: 54
Joined: Thu Mar 31, 2011 7:18 am

Medical Malpractice

Postby Hewitt » Sat Dec 03, 2016 6:26 am

Yes.

One of the problems is that the defense lawyers will argue that a benign tumor of the spine in an eleven year old is so unusual that the doctor reading the MRI could easily have made that mistake in reading the MRI.

Of course any doctor who took a decent history from you and your child could learn very quickly that no accidnetal injury had occurred. So, you have not only the radiologist but the referring physician as defendants. You are right to assume that the doctors blew it. It is an example of doctors who rely on technical facilities than on a complete work up. Part of diagnosis is history, or listening to what the patient says, and the other part is confirming a diagnosis with technical help, for instance MRI. Modern medicine relies too much on physical evidence and not what the patient tells the doctor. Doctors simply do not listen. Too bad, but that is the basis of your complaint.

Find a lawyer. Your child has until age 18 or so, but don't wait too long. A good lawyer should allow for changes with ageing and delay trial until all the evidence is in.

To find a lawyer you can do several things. You can ask the local Bar Association for a list of malpractice lawyers. You check lawyers in the Yellow Pages. You can go to the courthouse and list lawyers for recent malpractice cases. You should talk to several lawyers before you choose one. You need a lawyer who understands something about children and medicine because there is a difference between the care of adults and children by doctors and hospitals. You want a lawyer who is willing to go to trial and does not 'settle' a case without a fight. Your child's case is worth some money and a rush to settlement will reduce his rights. Good luck.
Hewitt
 
Posts: 34
Joined: Sun Apr 06, 2014 2:48 pm


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