Looking for help, need to know if I have a possible law suit

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Latest post 11-12-2009 10:24 PM by Kai1ey. 4 replies.
  • 11-12-2009 9:04 PM

    • Kai1ey
      Consumer
    • Not Ranked
    • Joined on 11-13-2009
    • PA
    • Posts 3

    Looking for help, need to know if I have a possible law suit

    Hi everyone! I am looking for any advice I can get on weither I have a lawsuit or not.  My daughter has been suffering with Gastrointestinal problems since she was 6 months old (she is now 2) and we were referred to CHOP in PA to see a specialist.  This doctor refused to do tests on her and just put her on double the adult dosage/day of Miralax, told she would grow out of it and we were told to come back and see her in a month.  We came back to the second appointment, and also recieved the same information that she was 'impacted' with stool and to continue the miralax, and was never told to come back so she could see how her progress was.  We have finally found a doctor who has tested her and we have got an answer as to why my baby has been suffering since she was 6 months old. 

     I was just wondering if I would have a leg to stand on with a lawsuit because if this doctor would have tested her like they are supposed to, or would have even examined her this would have been taken care of back in 2008.

    thank you for all your input!

  • 11-12-2009 9:21 PM In reply to

    Re: Looking for help, need to know if I have a possible law ...

    Kai1ey:
    I was just wondering if I would have a leg to stand on with a lawsuit

    No.

    A misdiagnose is not necessarily malpractice.

    Besides, your daughter had the same condition that she had before the first doctor saw her, she just had it a little longer, with no permanent damage.

    And now, since the condition is responding favorably to treatment, there's certainly no money in it.

    Feel free to consult a malpractice attorney but you'll probably get the same comments.

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 11-12-2009 9:35 PM In reply to

    • Kai1ey
      Consumer
    • Not Ranked
    • Joined on 11-13-2009
    • PA
    • Posts 3

    Re: Looking for help, need to know if I have a possible law ...

    thank you, I wasn't sure if I could or not.  I guess pain and suffering isn't an option either?

  • 11-12-2009 10:02 PM In reply to

    Re: Looking for help, need to know if I have a possible law ...

    Kai1ey:
    I guess pain and suffering isn't an option either?

    Not without a condition that caused debilitating harm beyond the original condition.

    In other words, the first doctor made her no worse off than she was before.

    It was pain and suffering that she had before.

    I'm not trying to be unsympathetic, just explaining the legal issues that eliminate any chance of compensation.

    Again, I'm not a malpractice attorney (or any kind of attorney), so I'm not the last word on the subject.

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 11-12-2009 10:24 PM In reply to

    • Kai1ey
      Consumer
    • Not Ranked
    • Joined on 11-13-2009
    • PA
    • Posts 3

    Re: Looking for help, need to know if I have a possible law ...

    thank you!! I appericiate your help!

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