Legal Question in Personal Injury in California
I just recently noticed after cutting my sons hair for the first time that his head is really deformed. We took him to the pediatrician MONTHS ago explaining to Dr. Ahn that his head looks a bit deformed on one side and if we can request some type of medical/helmet to shape his head back to normal. He specifically said to us to "not worry, it's nothing". Now that I have cut my sons hair I have seen his head and its is severly deformed and im starting to notice his face is starting to change shape as well, can I sue Dr. Ahn for making my sons head deformed and not taking our advice into consideration?
4 Answers from Attorneys
Have you been to another physician for a second opinion? What did the first doctor do to allegedly make his head deformed?
Assuming you are within the Statute of Limitations of one year from an incident of malpractice, the birth, and assuming you have the formal opinion of a doctor who is a 'qualified expert' in that field of medicine, who is prepared to testify in court that there was medical malpractice, then yes you could sue. Winning is a different question.
You need to forget about suing the doctor for now and take your son to another doctor to see if there is anything that could be done and understand what is happening. After you do that and know what's going on and why then you can consult with a medical malpractice attorney if there is something that the doctor could have done early. Even if the doctor was wrong in not paying attention to what you told him, you have a legal obligation to do something immediately if you think the doctor was wrong (not to mention your obligation as a parent to look after your son!).
There is little or nothing that can be done about a cranio-facial deformity after 18-24 mos of age. Get to another doctor NOW. THEN find out if acting earlier would have made any difference. THEN IF Dr. Ahn's failure to refer you to a cranio-facial specialist made a difference in the medical outcome for your son, only THEN can a lawyer give you any advice or assistance.