Legal Question in Medical Malpractice in North Carolina

Non-nessacary medical procedures

When my son was about 4 months old, he would turn blue when he cried. We took him to Baptist and they said that his reflux was doing it, so they put a g-tube in. He still turned blue. Instead of taking it out, they left it in. Now, my son is 1 and does not know how to drink from a bottle. Then they said if they trach him, it will fix the problem. He still turned blue. If he needed the trach so bad, why did they put the surgery off 3 times? Now, the ONLY doctor who really knew him and his trach has resigned. They have messed my little boy up. None of this was needed. The diagnosis? Trachiamalacia. Nothing that growing wouldn't fix. What can I do?


Asked on 4/18/02, 12:21 pm

1 Answer from Attorneys

John Kirby Law Offices of John M. Kirby

Re: Non-nessacary medical procedures

If it seems that your son will probably be fine, then you could have some claim for medical expenses or some suffering. The more serious question is whether the child has permanent damage. If so, then it could be really serious and you really need to see a lawyer about that, to determine the validity to a claim and to take appropriate action to file or preserve a claim (e.g. documenting).

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Answered on 4/18/02, 12:38 pm


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