Legal Question in Medical Malpractice in Indiana

my 4 year old son was at the emergency room in our town. He was being swabbed in the nose for a flu test and during the test they broke the swab off in his nose and lost about 3.5 inches of the swab inside his nose somewhere. They did xrays but said they would not be able to see it because it was clear. So they sent him home and told us it might be in his stomach to just watch his stool but i took him to another hospital the next day and i dnt think they belived that had happened because they just looked him over and said it was prob in his stomach or lodged in his sinus cavity so just keep an eye on him if he gets a sinus infection them bring him back because that means it was in his sinus cavity. I just worry because i feel like they should of never sent my child home without finding it I know they have scopes and stuff to do things like that. So basically i have a four year old with a 3.5 inch plastic swab stuck in him somwhere. Everyone who I talk top is telling me I need to get an attorney. I was just wondering if there is anythingi could do legaly.

Asked on 11/19/09, 6:21 pm

2 Answers from Attorneys

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This really is not a legal issue as so far you have been fortunate as there are no damages. There really is not something that can be done on a legal basis at this time. You may feel free to contact me if you wish to discuss this situation in more detail.

Answered on 11/24/09, 6:41 pm

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