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Sorry ive been posting a lot of questions today..but im curious about malpractice and am trying to research much of it before I contact a Lawyer, so I at least know SOMETHING about it..

As some of you may have seen, my daughter, who is now almost 5, & about to have more surgeries, and has developed complications because her birth defect was not found until 2 1/2 years of age. She was born w/anal stenosis. It happens to 1 our of 5000 babies, & is usually always found at birth examination. with that being said, its also the 2nd most commonly missed anal birth defect...but I read its usually found after 24 hours, or on their first visit to a pediatrician.

I took her for stomach pains, constipated, sore bottom, large belly being swollen, gas problems, thinking she was collic, thinking she was allergic to foods, changed her diets, did everything.. took her specifically at least 20 times to doctors to be checked for these problems. They looked at me as a young mother, who wasnt feeding her child right, I am positive, and passed it off at constipation many times. I switched doctors in the practice, and he took me a little more seriously...but still just kept uping her laxatives she was on, and sent me to a GI doctor after coming SEVERAL MORE TIMES. Once, he felt her bottom with his pinky and said it was a little tight and she had small tears down there. Said there was nothing to do but let it heal. (come to find out, she had anal stenosis all along, and he should have known that, looked into it more, ran more tests, x rays, mri's, & he was supposed to check w/ her a dialater, NOT a pinky.

thats only the beginning.. but its what started this all, and I am very unhappy with these doctors. Im just curious as to how to find out about if this is too common to get them in trouble for, raise awareness, or even possibly sue them for malpractice. Because of all that, and WAY more, my daughter is having to have part of her colon removed, weeks in recovery, delayed a year on kindergarten, re potty trained, & will always be stuck on laxatives, and prone to more illnesses due to the problem being missed SO MANY TIMES.

Any good websites to find out more before I talk to a lawyer? or how to find cases possibly about the same thing?

Answer Question

Asked by mohme2three at 7:21 PM on Jan. 10, 2011 in Parenting Debate

Level 15 (2,050 Credits)
Answers (11)
  • the best thing would be to contact a lawyer, its not to expensive if you have a legal plan, you can get them through your job or independant brokers. $17 is what it starts at with our company.

    Answer by IraqiVetWife at 7:23 PM on Jan. 10, 2011

  • OH! Your poor baby. It does not sound right to me that a doctor would use his finger instead of what he is supposed to use. I would definitely get a lawyer!! Good Luck!m Keep me updated!

    Answer by dancer at 7:26 PM on Jan. 10, 2011

  • im not worried about cost, just trying to educate myself before I contact one so i know everything i want to ask.

    Comment by mohme2three (original poster) at 7:26 PM on Jan. 10, 2011

  • I t hink the first place I would start is at your states medical board. Inquire about complaints filed against any of the Dr's who saw her. You may not get very far as far as malpractice is concerned but a lawyer can give you a good idea about possibilities of a settlement.  Thje thing is you have to prove negligence, or the due diligence was not paid. If the literature already says it is the 2nd highest anal BD that is missed...that plays in the Dr's favor. You will need to prove that delayed diagnosis has harmed her and would not have happened if it was caught earlier. For every Dr. you find that will say it caused harm...they will find 2 that will say you can't prove that it did. Have a consultation with a lawyer, that shouldn't cost you a dime. They will be able to give you a much better realistic idea of what to expect.


    Answer by GrnEyedGrandma at 7:38 PM on Jan. 10, 2011

  • Laws often vary by state, so you really should speak to somone locally who is familar with your state's medical malpractice laws. I know that in my state what you have described would not be considered malpractice because the doctors didn't DO anything TO your DD to cause her issues, rather they just didn't find what was wrong in a timely manner. This would just be considered bad doctoring, and just being crappy at your job is not prosecutable. Perhaps it is different in your state, but if not, I'm sorry :(

    Answer by mom2aspclboy at 7:44 PM on Jan. 10, 2011

  • you don't have a case.

    Answer by jewjewbee at 7:22 AM on Jan. 11, 2011

  • I would not say she doesn't have a case. Look, I have to have malpractice insurance. Not fun. Do you have a case? Well, no one person can say yes or no. Medical is complicated. You may very well have a claim that needs to be addressed. But each state is different. You need to meet with several lawyers, interview them, and go from there. This is work. It takes a lot of time. So you have to decide if you want to travel down this road for the next few years. That is how long, or longer, it may take. Although many issues are settled out of court if their legal team thinks you have a case. Meaning they may offer you a settlement. You have every right to be pissed. But I will say this, coming from a medical perspective, many issues health wise can't be found. They are often missed. Not because of a bad doctor but because time is what usually helps to diagnose an issue. We need a history. With a new born there is

    Answer by frogdawg at 8:42 AM on Jan. 11, 2011

  • No history on that baby. Not unless you said I had this or my husband had this and we are concerned. So unless it is standard and common....I can see why it would be missed. That doesn't mean you don't have a case. I am all for legal action when great harm has been done and the cost is both physical, mental, and financial.

    Answer by frogdawg at 8:45 AM on Jan. 11, 2011

  • malpractice cases are very hard to prove because the medical community cover for one another, to find other cases similar to yours go to this site, and do some research, there are many others if you google it, good luck!

    Answer by older at 9:57 AM on Jan. 11, 2011

  • Older, with all due respect...I don't find that "they" or we cover for each other. In fact, sometimes it is just the opposite. I find people who are willing to sell each other out so they don't get sued. Like hot potato. Keep on passing it. But that isn't true for all settings and all professionals. Based on her small snipit...I would say who knows if she has a case. If this is the highest thing missed and not at all common....probably not. As one poster very nicely explained it matters what kind of harm has been done to the child.

    Answer by frogdawg at 11:06 AM on Jan. 11, 2011

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