Legal Question in Medical Malpractice in New Jersey

Medical legal question

I took my son to the pedatrician with a sore throat , swollen glands, and c/o joint pain and lethargy. The doctor examined him and tested for strep. 2 days later he ruptured his spleen playing football. While in the Hospital we found out he had Mono which can be accompanied eith an enlarged spleen. If we knew he had an enlarged spleen he would have not been on the FB field. He also suffered some complications associated with this injury. Do I hve a legal case against the doctor as she never tested him and he had all the symptoms of mono?


Asked on 4/13/08, 4:44 pm

3 Answers from Attorneys

Scott Diamond DIAMONDLAWYER

Re: Medical legal question

That is a tough question has any doctor related the spleen rupture to the mono?

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Answered on 4/14/08, 8:26 pm
Arthur Newmark Arthur Newmark, M.D.. Esq

Re: Medical legal question

I encourage anyone who believes they have a medical malpractice case they wish to pursue to discuss it with an attorney.

If you are considering a medical malpractice case, or if your son decides to do that when he comes of age, you may wish to preserve this doctor�s records.

The doctor may be tempted to alter his records to indicate that he had considered and rejected mono - I don�t like to think that this would happen - BUT you should consider getting a copy to guard against that possibility.

The other question is �Was your son�s spleen completely removed?� This would probably be a significant damage as far as a lawsuit is concerned.

This article on mono explains why you may have a malpractice case:

See http://www.aafp.org/afp/20041001/1279.pdf

Infectious mononucleosis should be suspected in patients 10 to 30 years of age who present with sore throat and significant fatigue, palatal petechiae, posterior cervical or auricular adenopathy, marked adenopathy, or inguinal adenopathy.

Patients with infectious mononucleosis should be withdrawn from contact or collision sports for at least four weeks after the onset of symptoms.

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Answered on 4/15/08, 11:06 am
Michael Zerres Blume Forte Fried Zerres & Molinari

Re: Medical legal question

It is possible that you might be able to pursue a medical malpractice action. We'd need additional information in order to evaluate your potential claim. Please feel free to contact me or any of my partners at the Blume Goldfaden Firm via the profile information provided on this site. Please refer to our website which details our experience handling medical malpractice matters. We look forward to speaking with you, and will assist you in any way we can.

Michael B. Zerres

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Answered on 4/15/08, 12:00 pm


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