Legal Question in Medical Malpractice in Pennsylvania

My wife and I were wondering if we should talk to a lawyer. We just found out our 21 month old daughter will need to have surgery to put her hip in place and be put in a cast for 3 months. When she was 1 month old the Pediatrician sent her and her twin sister to have x-rays done on their hips to check for hip displasia (SP). They returned that the x-rays were negative. We have taken her to her 3, 6, 12, and 18 month well baby check ups with this never being mentioned again. We were put in touch with some therapist that have been working with her for about a year now, she is developmentally behind when it comes to walking. The therapist had us go and get a prescription from the Peds. for sure step inserts to help her ankles. She just started walking 2 to 3 weeks ago. At which point the therapist noted that she was limping with her left leg. The asked us to go back to the pediatricians who again sent us for x-ray's and then sent us to an orthopedic specialist. The orthopedic specialist looked at the current x-ray and the 1 month old x-ray and clearly sees the issue on both x-ray's and was easly able to point the issue out to my wife. I am not sure if this would constitute a malpractice claim. I am really worried about my daughter as her therapist is fearfull that after haveing surgury to correct the issue she may go back to her original state of not even crawling. Pleas any advice would be great.


Asked on 12/28/12, 8:26 am

1 Answer from Attorneys
Jerry Meyers Meyers Evans & Associates, LLC

Hip dysplasia is a well understood condition. Usually diagnosed in the first month of life by ultrasound and later by x-rays. From your description it appears that the radiologist misinterpreted the original x-rays which were performed by your pediatrician for the purpose of ruling out hip dysplasia.this The treatment for hip dysplasia, when diagnosed early, involves use of braces holding the hips in a position which permits the ligaments to shorten and tighten. HIp dysplasia can be caused by deformity of the acetabulum which is the socket. The condition can also be caused by a misdirection of the femoral head. What course you should take with your child is entirely dependent on the judgment of the specialists trained in the treatment of this disorder. The concerns raised by your therapist about your child regressing after surgery may be exaggerated if not entirely wrong. As in Pennsylvania there is a statute of limitations which extends the time during which a minor may file a claim until 2 years following their 18th birthday, your preliminary focus should be on helping your child medically it may well be appropriate to consult a malpractice lawyer after you are better informed by your child's treating physicians as to what her future holds.

Please feel free to call my office with further questions you may have. I believe however any call to a lawyer is at the moment premature.

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Answered on 12/28/12, 9:17 am


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