Legal Question in Medical Malpractice in Wisconsin
Infant medical care
Hello
My Daughter who was Born March 21 2005.
Recently went through a relatively new operation (called mandibular distraction. ) to correct a breathing problem
That was caused by a genetic birth defect, (stickers & Pierre Robin Sequence)
The operation called for the breaking of her jaw, and placing two metal.Boxes with four pins/screws in each box, and attaching the boxes to her face.
During her first days after the operation she was on IV and a breathing tube (Until the breathing tube clogged up and she had to be bagged. Apparently another doctor said the tube could/should have been removed before this incident took place)
The IV was typed to her hand.
While moving her hands a piece of tape from her IV, got stuck on a couple of the screws on the metal box, and pulled out the contraception, so it would no longer work.
The result
1) The surgery was only half completed; She will probably need to do the surgery again, although we were told this could be the case before we had this procedure done. We were never told that that it might need to be done again because a piece of tape on her hand could pull the device off.
2) The doctor say that we might have to do a trake, (Putt
1 Answer from Attorneys
Re: Infant medical care
Your daughter might have a claim that could be pursued if it could be proved that the doctor or hospital were negligent in the care they provided to your daughter. From your description, I do not know whether there may have been some negligent care.
Wisconsin law allows a child injured by medical negligence to wait until the child's tenth birthday to file a lawsuit. Thus, you have lots of time to see how everything turns out. I suggest you do that. If you get the sense that there was negligent care and if there are some serious, long-term problems that develop as a result of that negligence, you may then contact a lawyer about pursuing a claim. Medical negligence cases are usually defended vigorously by the insurance companies in Wisconsin, so lawyers are usually very selective about what cases they are willing to become involved with.
You may call me if you would like to discuss any of this.
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