This will depend upon many factors. The most important factor in determining fault will be what the immediate cause of the child's death. Even if the child was treated as s/he had pneumonia instead of mycarditis, unless this resulted in the child's death (or caused the child harm), it may not be a problem. Now if the child was not given the proper treatment because of this and that resulted in their death, liability may rest with the doctor and/or the hospital. These tragic cases are VERY fact specific.
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There is no way to tell based on these facts alone. If the child had pneumonia in conjunction with myocaditis, it is possible that the treatment was appropriate. We need to know what needed to be done and what was not done. Then we can look at who was responsible for performing that care and who dropped the ball. Additionally, it may depend upon what the child's chart stated was appropriate and whether the appropriate notations and recommendations were made.
I would love to give you a more comprehensive answer, but without the medical chart in front of me, an answer cannot be determined.
Even pediatrician who misdiagnoses a condition will not be held liable if his diagnosis was reasonable. He may have also obtained his diagnosis from the ER physician or the ER physician's notes.
I also have no information about whether the treatment for pneumonia caused the tragedy or whether the fact that the proper treatment for myocarditis was withheld caused the tragedy. These are all factors in determining who is responsible.
Each physician who touches the case will be held to a standard of reasonable care. The hospital and any doctor who failed to exercise such care can be held liable for this tragedy. This is why you do not want an attorney deciding the fate of this case without evaluating every note and medical record in the file.
Having gone to medical school before law school, I still have the medical records of potential medical malpractice cases in my office reviewed by a potential expert witness before taking the case.
Assuming it was ignored, and there was no basis for it to be ignored, then yes there could be liability for the treating physician that ignored this.
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