Hello, I have a rather long question related to medical malpractice. If you could take the time to read it and give me a detailed answer, I will make it up to you in the tip. You can check my feedback on this site. Are you interested?
Country relating to Question: United States
State (if USA): Nebraska
Thank you for your post, and thank you for requesting me to assist you.I can give it a shot, and hope to help as much as I can. What is your question?
I am in an unfortunate situation with my 9 year old son. He has been abused by his mother since he was just a few months old. It has taken a toll on him. Mainly, his doctors have done everything they can to avoid the whole abuse thing. I didn't know about the abuse until he told me when he was 6 years old. I have discovered through pictures, videos, doctors records, etc. that it was always happening and it was mainly blows to the head. Eventually, he started to have many bacterial infections. To make a long story short- the repeated blows to the head led to him getting sinusitis which showed up on a ct scan that I took him in for. The doctors did nothing to treat this. That untreated sinusitis led to many episodes of meningitis that were "partially" treated and all diagnosed as some other bacterial infection (pharyngitis, strep throat). So, with him only being partially treated, he began to have many neurological problems and many, many more illnesses, and the bacteria went to the roots of his teeth and rotted 8 teeth out. They never tested him for meningitis and have been blocking me from getting him an MRI for a couple years now. My son has many problems and these doctors absolutely have committed malpractice. I am currently and finally getting a lawyer to look at it. The problem has always been that his mother knows that she caused all this and has unbelievably been able to completely control everything by getting my time with my son taken away and refusing important tests that his doctors suggest but she refuses. Right now, my son's doctors and my ex are definetly hand in glove together in trying to cover this up and make it go away. The doctors reason is that they missed meningitis and they know it. My ex's reason is that she knows she caused it by the years of repeated blows to the head. I have much, much evidence and I know with the right experts can prove all this. However, it is my son's doctors that are truly responsible for missing all this and they have been ridiculous in not testing my son. They are the ones I want to sue. I have no desire to have my ex thrown in jail for child abuse as that would not be what my son would want and I have nothing to gain by it however much I would love to see her pay for what she has done. I have mediation with my ex tomorrow to hopefully restore our visitation with my son. My question is- 1. Should I ask her to team up with me and sue the doctors? If I don't persue child abuse charges on her, will the doctors try to blame her for refusing tests and neglecting our son? If abuse caused all this, how does that affect a malpractice case of the doctors not testing and treating him properly? You know, because the doctors were lied to by the mother many times however they totally ignored my many legitimate concerns many times and I was right all along. Do I have a better case against the doctors with or without my ex? And with or without child abuse charges against my ex? (for the malpractice case)
Thank you for your detailed question. I will be happy to provide you with an answer, and will do so in the most impartial and honest manner possible. If the answers are not as you hoped, please do not blame the proverbial messenger, I have a reputation for providing direct answers even if they are not always welcoming. Kindly permit me to respond in order:1. Should I ask her to team up with me and sue the doctors?I am not quite sure you have enough grounds here to claim malpractice. The reason is based on your own rights as the parent. If you do not have 'legal' custody of the child, you cannot force the doctors to make decisions, and if your spouse was the one who denied tests and refused to allow review, then the liability is on her, not the doctors, who may be limited based on her own behavior from pursuing this diagnosis further. If I don't persue child abuse charges on her, will the doctors try to blame her for refusing tests and neglecting our son?Absolutely. She is the primary cause of the injury, even by your own statements. If they advised her of possible injuries, or were blocked from pursuing tests or treatments, they are not liable for the worsening of your child's conditions. If abuse caused all this, how does that affect a malpractice case of the doctors not testing and treating him properly?They can legitimately claim that since the abuse created the injury, they cannot be held liable if they were not permitted to treat the underlying cause. You know, because the doctors were lied to by the mother many times however they totally ignored my many legitimate concerns many times and I was right all along. Do I have a better case against the doctors with or without my ex?You would have a better chance alone, and also if you considering pursuing your ex for abuse. And with or without child abuse charges against my ex? Definitely with abuse charges, then you may (and I stress 'may', because I do not see it as a strong claim), allege conspiracy with your doctors and the ex in permitting the abuse and the misdiagnosis to continue.Good luck.Dimitry Esquire41089.1903996528
Thanks for your answer. That helps. There were only a couple times that my ex refused tests. But can the doctors allow her to refuse when she is not medically trained? There are many, many more times that they simply ignored the signs of abuse and did nothing or incorrectly diagnose him with some other illness when it was actually head trauma all along. Thanks
Thank you for your follow-up. You are most welcome, and again, my apologies if the answer is not quite as you hoped.To answer directly, a doctor ultimately works for the patient. While a doctor can 'suggest' a test, he cannot force someone to obtain treatment unless that person is in an emergency situation, or unable to consent (either due to being psychologically made incompetent or due to a serious medical issue). Here, if the doctors were unaware of the abuse (or claim they were not), and the mother stated that she does not want care for the child, the cannot provide that care. The right to refuse medical care is ingrained in the rights of the patient.Good luck.Dimitry Esquire41089.2014579861
JA Mentor, Licensed in PA & NJ, specialize in business/contract disputes, estate creation & admin
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).