Legal Question in Medical Malpractice in Pennsylvania
Pediatric heart disease and failure to diagnose...
My daughter was delivered in November after what we thought was a normal pregnancy; my wife did have 3 prior ultrasounds and none picked up any cardiac issues. She was released with her mother after 2 days. By the fourth day, we noticed a general decline and took her to Children's Hospital where she was diagnosed with an aorta coarctation, atrial septal defect [hole in the heart(one 4 mm in size)], and underdeveloped left ventricle valve (also 4 mm). We were hopeful for surgery, but she quickly declined despite Children's best efforts and subsequently passed away. Question: what is the likelihood of a successful suit against the pediatrician who treated her at birth and the radiologist for failure to diagnose?
2 Answers from Attorneys
Re: Pediatric heart disease and failure to diagnose...
It is premature to discuss the chance of �success� in a lawsuit at this point. The appropriate question is whether an attorney would invest the money needed to investigate ths case.
As I explain below, I would not investigate this case - but another attorney might - So I encourage you to inquire as soon as possible if you are considering a lawsuit.
Regarding the person who interpreted the Ultrasound: An online search suggests that these abnormalities would probably not have been detected in a �routine� screening ultrasound.
Using Google you can find a useful article:
Ayres "Advances in Fetal Echocardiography".
If this were a high risk pregnancy, a fetal echocardiogram might have been indicated, which could have detected the abnormalities.
Regarding the pediatrician, although there may have been subtle findings on the physical examination that may have led to more testing, my feeling is that most pediatricians would not have recognized abnormalities in an otherwise well appearing baby.
As I said, this isn�t something I would investigate- BUT -I am neither a radiologist nor a pediatrician - Given the possibility of a better oucome with earlier surgery, I would urge you to discuss this with an attorney SOON if you are considering a lawsuit.
Re: Pediatric heart disease and failure to diagnose...
Depends upon the particular facts. Don 't know that this is a routine ultrasound diagnosis. Would be interested in learning why it took so long to recognize there was a problem. Often when there is a delay its because the defects are only of consequence with growth. Then there is the question of why in fact rapid decline occurred. This story has aspects which raise my curiosity.
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