should i for malpractice suit?

Elizabeth - posted on 11/18/2013 ( 3 moms have responded )

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Long story short, my 2yo had a fever of 104+ for 12 days before we got admitted to a hospital and he got medicine and help he needed. We were sent home from a different hospital at least twice(it was a long 2 weeks so either 2 or 3 times) and we were told its"pointless to bring a child in the hospital for a fever because there was nothing the er could do that we couldn't do at home" even though his fever spiked to 104.3 while we were there. They sent us home without running tests or anything to see what was wrong. I tried telling the dr he had been like that for over a week and i had been doing all the tricks in the book, cool baths, popsicles Tylenol and Motrin, etc... We finally gave up on that hospital for help and took him to a different one where they ran a few tests and admitted us. It turned out he had an inner ear infection, adenovirus, leukocytosis, ahigh fever, and sinusitis. On top of being dehydrated. He also has rad and is allergic to penicillin. I'm so mad the first hospital sent us away and made me feel like i wasn't doing anything right and over reacting. What should ido? I'm sure I'm not the only one they have done something like this to and my poor little man was in bad shape when we left there... advise?

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LalaBoom - posted on 11/18/2013

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Your friend is absolutely right! You can certainly do that, but like I mentioned early, unless what you have can be susbtantiated- you will not get the results you want.

I work within the court system, hence my response.

Elizabeth - posted on 11/18/2013

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Ty for your opinion on the subject, my best friend works at a hospital and said at the least i need to go and talk to the hospital administrator and tell them what happened. I think i will try to talk to a lawyer but i don't have a lot of money due to only one income in three house of 4 but i feel that we were definitely neglected to say the least.

LalaBoom - posted on 11/18/2013

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Technically, you can't sue for "malparactice" since they did not 'practice' on your son. BUT- you may have something for "willful neglect," or something of the sort.

Unless you have SOLID proof that your son had been sick for that many days and with the fever, you'll have an uphill battle. You can speak to a lawyer, and I suggest you do. BUt like I said, unless you have "clear and convincing evidence of the facts" as they transpired, you have no legal basis for your argument. Evidence could be, conversations with your 2y/o's pediatrician, recorded visits to other hospital where the temperature read the same, tests ran at the hospital that shows your child did need the medical attention, etc.

This is very common for hospital as staff are usually overworked. I'm sorry you had to go through this ordeal... :(

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