Legal Question in Medical Malpractice in Pennsylvania

pediatric medical malpractice

My son was in the hospital for 1 week in 11/05 with rsv. he was 3 weeks old. two weeks later he began showing the same symptoms so i took him to the er. the er dr discharged him after an xray he took came back neg. the next day he was re-admitted by his pediatrician for dehydration & resp distress. he was in for 1 week. was the dr in the er negligent in discharging him with no lab work? this happened in 11/05 & i'm still so angry about it. i talked to the hosp. admin. & they sent me a letter that said we're sorry


Asked on 3/25/07, 2:27 pm

1 Answer from Attorneys

Arthur Newmark Arthur Newmark, M.D.. Esq

Re: pediatric medical malpractice

Most malpractice attorneys will provide free initial phone consultation - with the thought that they may take the case on a Contingent Fee basis - no fee unless they win. For this reason, I urge every person who believes he may have a medical malpractice case to pick up the phone and contact a medical malpractice attorney as soon as possible.

Although the statute of limitations is extended for your son�s claim, your own right to sue, for example, for hospital bills, ends at two years, which is why anyone who believes they may have a claim needs to contact an attorney as soon as possible.

I give my opinion only as to why I, personally, would not take this case. Another attorney may feel differently so I urge you to inquire further if you believe have a case.

First, I�m sorry for your frustration with the emergency room treatment.

However, it would be difficult to prove to a jury that the standard of care was violated, or that your son was harmed.

While occasionally infants require hospitalization for RSV, the treatment is supportive with fluids as needed, and observation to make sure the infant does not have serious breathing problems. Regarding the emergency department evaluation, it would be difficult to second-guess the doctor. In many cases, laboratory analysis will not be useful, and the doctor will be making his decisions based completely on how he decides the child looks. See

http://www.drugdigest.org/DD/HC/HCIntro/0,4043,550327,00.html

It will be difficult to convince a jury that the clinician�s judgment that the child looked �good� was wrong.

This is my opinion only, and I urge you to contact a medical malpractice attorney as soon as possible for review of this case.

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Answered on 3/25/07, 4:38 pm


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