Legal Question in Medical Malpractice in Pennsylvania

My daughter had 3 echocardio grams because of a heart murmur the doctor heard. One when she was 3, one when she was 6 and now at almost 8. The one they did when they were 8 showed a small hole in her heart that didn't close from infancy. The first report said it was a normal echo cardio gram, neither the first or second said anything ab out the hole that has been there from when she was little. Even if it's not extremley significant to her health can you sue for not seeing that in the echo the first two times?


Asked on 4/23/10, 7:59 pm

2 Answers from Attorneys

Scott Diamond DIAMONDLAWYER

If there was an error, it is actionable. However, you need show harm caused by the error. It is complicated to discuss on this site. Please call me so that I can explain your rights.

Read more
Answered on 4/28/10, 8:07 pm
Arthur Newmark Arthur Newmark, M.D.. Esq

If you believe you have a case, I encourage you start calling medical malpractice attorneys today. Medical malpractice attorneys will generally listen to your complaint for free. If they think you have a case, they will invite you to their office to find out more details.

Generally they will not charge for this service, but, if they believe you have a case, will offer to take the case on a contingent fee basis, meaning you only pay them out the money they win for you, if any.

There are FOUR components required to demonstrate medical malpractice: 1) Duty, 2) Breach, 3) Causation and 4) Damages.

From the information you provided,I do not see a medical malpractice case which I would investigate based on the absence of a harm to your daughter. On the other hand, when you said "not 'extremely' significant to her health", you suggest that there may have been some problem which could have been avoided with earlier diagnosis.

As I said above, I personally wouldn�t investigate based on the information you provided. This is my opinion only, as I said above, most medical malpractice attorneys will speak to see you for free. So I urge you to contact attorneys as soon as possible if you would like to discuss a possible case.

Read more
Answered on 4/29/10, 4:17 pm


Related Questions & Answers

More Medical Malpractice Law questions and answers in Pennsylvania