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To Sue or not to Sue <--hyperbole to draw views! (1 Viewer)

Steeler

Footballguy
I’m not litigious at all – never sued anyone before and have only retained an attorney to setup my life insurance.  I'm not even really seriously considering it, but thought I should post to get feedback at least about the general questions at the end.

Here is the situation:  my daughter wasn’t feeling well one Saturday so we took her to the Urgent Care facility but they couldn’t find anything and recommended that we go to ER.  We go to the local ER (not a children’s hospital, but it’s close to our house) and they run tons of tests, but find nothing and say she can stay overnight for observation if we want or we can head home and come back if something drastic happens.  They say the white blood cell count is elevated, which might indicate an infection, but it’s still within the normal range.  Her heart rate and temp were higher than normal, but we decide to go home assuming it’s the flu (which was their “finding” given that all the tests were inconclusive).

She does OK at home on Sunday and then on Monday we take her to the pediatrician who recommends a cardiologist look at her.  We see a pediatric cardiologist on Tuesday and they find massive amounts of fluid on her left lung immediately – they stopped the Echo (ultra sound test of the heart) before it was finished and moved her to ER immediately (at a children’s hospital – different from the original ER on Saturday) and she was checked into the children’s hospital later that day. 

She had surgery on Wednesday to drain the fluid and stayed in ICU for 6 or 7 days with chest tubes in this whole time to continue the drainage.  She is then moved out of ICU and her total hospital stay is 10 days.

How strong would a case be against the original ER (totally different hospital from the one who cared for her properly) for this particular scenario? I’m not even sure they did anything wrong, they seemed genuinely concerned and said they wished they could give us a better answer when we left.

And then I have some general questions about suing over medical care:

She can continue to go to the children’s hospital for 3 years before she ages out – how would a lawsuit against the hospital affect future care at that hospital?

How would future care at any hospital/medical facility/doctor/etc. be affected by the fact that a lawsuit was previously filed?

 
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I don't know much about this, but in the absence of a provable impact from the first hospital's missed diagnosis, I don't know what grounds you would have for a suit.  Would her outcome have been different with a diagnosis 48 hrs earlier?

 
STEADYMOBBIN 22 said:
Shirley, you can't be serious!?
Some people I know IRL were saying LAWSUIT!!!!!  And CA-CHING!!!!   Maybe my disclaimers about never suing anyone, not being litigious in general, and saying I'm not considering it seriously weren't said strongly enough?

 
Some people I know IRL were saying LAWSUIT!!!!!  And CA-CHING!!!!   Maybe my disclaimers about never suing anyone, not being litigious in general, and saying I'm not considering it seriously weren't said strongly enough?
Serious answer: 

Like you, I'm not a litigious person.From the way you laid it out, it seems like her conditioned could have worsened or changed between the time you initially took her to the urgent care facility. You also stated that they ran a bunch of tests but they were inconclusive. Did you opt to let her stay overnight as they offered? 

Im no lawyer but it seems like they tried and from how you explained it, doesn't appear as if they purposefully neglected the care of your daughter. Unless you can prove otherwise that is.

 
Best of luck to you and your family.

First of all hang in there, get through this crisis, you should have a year to sue if that's even necessary. In the meantime keep good relations with the doctors involved and gather facts. Good note taking when things happen is crucial. 

 
Your daughter is gonna be ok.

That's the 1st and last thought on your mind.

Deep down you know there was no intended or unintended negligence.

Seems like they made many genuine efforts to find what was wrong. I know nowadays that doesn't mean Jack to people but it still carries some weight in my mind.

 
You also stated that they ran a bunch of tests but they were inconclusive. Did you opt to let her stay overnight as they offered? 

Im no lawyer but it seems like they tried and from how you explained it, doesn't appear as if they purposefully neglected the care of your daughter. Unless you can prove otherwise that is.
My daughter never showed any symptoms with breathing or anything like that and complained of pains in her side.  They focused the testing on her stomach and the organs in that area of her body.  The cardiologist who eventually found the fluid on the lung was incredulous that the original ER didn't see it.  In fact, he got the medical records/test results from the original ER and he saw the fluid on an x-ray they did - but again, it wasn't an x-ray of the lung, they were looking for something else.

And I agree they seemed to do everything possible to find a cause for her pain - they just missed it.

 
Pathetic seems a bit harsh since I had all the disclaimers about not seriously considering it - but whatever.
So you're not looking for support to sue? Because one would never be able to tell simply by the thread title. Can't believe I missed such an obvious detail.

What time did you go to the ER on Saturday?

 
So you're not looking for support to sue? Because one would never be able to tell simply by the thread title. Can't believe I missed such an obvious detail.

What time did you go to the ER on Saturday?
No, I'm not looking for support to sue - I thought a title like "I don't think I have a case, but please wade through this crap and agree with that" wouldn't draw as many views  :D

Saturday ER was early afternoon - say 1PM.

 
Pathetic seems a bit harsh since I had all the disclaimers about not seriously considering it - but whatever.
Its probably more a lingering impression from the title of the thread, which is the first thing anyone sees and sets up the reader for a discussion of whether or not to file a lawsuit. 

For what its worth, in my state (and many others), medical malpractice claims have become extremely difficult and very rare due to years of creeping legislation, typically under the guise of the popular "tort reform" hoopla. The few lawyers who regularly do Med Mal more or less require a wrongful death or serious, permanent injuries which can be tied directly to a clear act of negligence, like removing the wrong leg or something. As you apparently already guessed, there's really no legal case for you to pursue here. At most, you could contact the original docs to let them know what they missed, but they almost certainly won't care.

 
Best wishes to you and your dau/fam. If it were me I'd get the medical records and jot down what you remember doing and when, not to sue but to just keep track since this unfortunately seems to be an ongoing issue with your dau. It's good to have so in case she is in the future admitted for the same thing to a different facility you can just provide the medical records right there. I know when I was running a surgeon's office that when pts came to us and the doc wanted past records it was so nice to just have the person hand it to me to make copies rather than go back and forth with getting the other facility to send it over. Just a thought.

 
I hope your daughter feels better soon, but I think you are upset and feel helpless want to do anything to make it better. With that said I don't think you have a case, not only is it hard to prove wrong doing, but not everyone react the same to disease, infection or medicine. So unless you can prove negligence you would be wasting your time and money. 

 
See, I change the thread title and nobody else reponds :P

I hope your daughter feels better soon, but I think you are upset and feel helpless want to do anything to make it better.
Thanks Daisy - I do wish there was more I could do to make thing better for her.  Which is probably why I started this thread in the first place - I didn't have a strong feeling about anyone doing something wrong, and I am not eager to sue everyone - I guess I just wanted to make sure I wasn't overlooking something that could be to her benefit.

 

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