Legal Question in Medical Malpractice in North Carolina

My daughter was seen at hospital "a" in which they told me she had fifths disease and even though she had some redness in her ear, ran no tests, no flu test, and sent me on my way with no medicine. Told me to give her cough medicine and tylenol. Well later that night she started rolling her eyes in the back of her head and was so exhausted could barely walk. She had a temp of 102.7. I took her to hospital "b" for a second opinion, and needless to say she has pneumonia. My question is can I sue hospital "a" for misdiagnosinh her and not bothering to take more action when she was clearly sick. There was no one else in the er so it's not like they were busy.


Asked on 1/26/14, 9:01 am

1 Answer from Attorneys
Kenneth Love Ken Love Law

Speak to a medical malpractice attorney in NC, but unfortunately, probably not. To prevail under medical malpractice, you have to show that: 1, they deviated from the standard (you can probably show this here) and 2. that you suffered financial damages as a result or the situation got worse. You daughter was in a lot of pain and being the good mother you are, you got her checked out again quickly. A consultation will help determine what claims you may have.

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Answered on 1/26/14, 8:18 pm


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