Legal Question in Medical Malpractice in California

I was wondering if I have a case? About a month ago I took my 3 year old daughter to an ER where they did a urine test for a UTI. The test came back clean so without even examining her they diagnosed her with a yeast infection. And when I say never examined her no doctor ever touched her. Told us to give her a topical cream. After a few days of not improving we took her to an urgent care where she was diagnosed as being constipated and backed right up. We were told that if the ER doctor had bothered to examine her she would have been diagnosed properly and would have been treated sooner. I contacted the ER and was told that after reviewing her chart they came to the conclusion that she had received appropriated treatment.


Asked on 9/30/14, 9:19 am

1 Answer from Attorneys
Len Tillem Tillem McNichol & Brown

Perhaps this is medical malpractice, but the big issue here is what damages have been suffered by your daughter. As bad as additional days of discomfort are, especially to an infant, unless there's significant and lasting damage, she won't have a successful medical malpractice claim.

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Answered on 9/30/14, 11:36 am


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