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I know we are a "sue-happy" country now, but would I have an actual case against this doctor?

My youngest daughter had surgery to have tubes placed in her ears late Feb. She started having pain so I took her to her pediatrician per recomendation of her ENT specialist. They said her tube was shifted and pushed back and that she needed to see her ENT. I went through hell and high water for over 2 1/2 mths and couldn't get them to do their jobs to get her into the office. I finally had to switch ENT's for her and now she is going to have to undergo surgery again. This time to place new tubes already (it's only been 6 mths) and to remove her adenoids due to complications with her first set.
Due to everything I went though with the appointments (they never tried to get an auth for her to be seen nor did the office managers call me back) would that be considered neglect on the part of the ENT office?
My daughter is only 3 1/2.


Asked by Memigen at 8:41 AM on Sep. 29, 2010 in General Parenting

Level 27 (30,799 Credits)
This question is closed.
Answers (7)
  • I would see if you can't get a free consultation with a lawyer. Gather up ALL paperwork, including bills and any prescriptions, before talking to a lawyer. If you can get a free consult, you need to have everything concerning the surgery, starting from her initial diagnosis.

    Answer by _Tam_ at 10:01 AM on Sep. 29, 2010

  • Is there any long term irreversible damage?  If the answer is yes I would say you have a case.  If the answer is no I would say you don't. 


    Answer by Mommy2Gabrielle at 9:06 AM on Sep. 29, 2010

  • Honestly, I would talk to a Lawyer about it and see - at least to have the extra medical expenses covered.

    Good luck - I hope your little one feels better soon!

    Answer by sailorwifenmom at 8:43 AM on Sep. 29, 2010

  • Bless her heart, I also would contact an atty and ask him. I'm not reading any malpractice in your post, just ignorance on the Dr's part and uncaring staff not to get your little girl in for her checkup or repair. Good luck hon and prayers for your little one.


    Answer by zbee at 8:50 AM on Sep. 29, 2010

  • My daughter has to get tubes done about every 8 months or so. So it would be hard. They should have gotten you in sooner but sometimes there are more pressing appointments. but you should have had a follow up 6 weeks post-op. We have always had a post-op visit. Tubes can shift. We have had it happen plus get in further then they need to be.

    Answer by martinmommy26 at 9:31 AM on Sep. 29, 2010

  • It may vary from state to state, but here if there is no willful intent/malice, just bad doctoring, you can't sue. Well, you can, but you'd lose. In your case, if you were in my state, suing woudln't get you anything. Therefore, if I were you, I'd check with a local attorney that specializes in medical malpractice. Most will do the initial consult for free.

    Answer by mom2aspclboy at 9:50 AM on Sep. 29, 2010

  • I don't think you have a case. Eartubes are supposed to fall out 6-12 months after they are places... her tubes moved, and your tried to have her seen, which is what you should have done... however, if they were unable to get her in then I think they will argue that you are the one that should have found her an appointment elsewhere BEFORE 2 1/2 months had passed. I'm guessing that the wait hasn't made things worse and that the same action would have been taken either way... so I don't think it would be "neglect" I guess I would ask your new ENT if she would have needed surgery again or not if she had been seen earlier when the problem was first noticed. If it could have been avoided then I might talk to a lawyer... but if it would have had the same outcome either way I wouldn't bother.
    I think you would probably spend more money on fighting them on it then you would gain in compensation for everything that has gone wrong.

    Answer by AmiJanell at 10:19 AM on Sep. 29, 2010