Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Criminal Law

an er physicain diagnoses a child with mycarditis. this ...

Customer Question
an er physicain diagnoses a...
an er physicain diagnoses a child with mycarditis. this child is treated on the pediatric ward as pneumonia. who is to be blamed for the child death
Submitted: 9 years ago.Category: Criminal Law
Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 19 minutes by:
5/1/2008
Criminal Lawyer: Law Girl, Lawyer replied 9 years ago
Law Girl
Law Girl, Lawyer
Category: Criminal Law
Satisfied Customers: 4,606
Experience: I have practiced criminal law.
Verified

DearCustomer

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.

Please let me know if you have any other questions, or require clarification of this matter. Otherwise please hit "ACCEPT", so I may receive credit for my response. Tips and feedback are also appreciated.

Good Luck!

-KAT

 

Ask Your Own Criminal Law Question
Customer reply replied 9 years ago
Reply to Law Girl's Post: the child had been seen on two occassions with the symptoms of difficulty breathing and tarchycardia and vomiting. he was given a referal to cardiologist. the mother returned to the er with the same concerns.A diagnosis of mycarditis secondary to myocarditis was made. the child was pretty stable and would be seeing the cardiologist in less than 4 hours. so she was sent home to return to cardiology clinic. she returned less than an hour later and the child was admitted. The child went to the ward and was diagnosed as a pneumonia patient by the pediatrician and was treat as such. The child spend a few hours on the ward and later dies. the autopsy result shows myocaditis. who is to be blamed. the er physican who admited an hour late or the pediatrician who misdiagnosed and treated for pneumonia.
Criminal Lawyer: Law Girl, Lawyer replied 9 years ago

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.

Good Luck!

-KAT

Ask Your Own Criminal Law Question
Customer reply replied 9 years ago
the child did not have pneumonia. The final diagnosis was pneumonia and the child was treated adequatedly for pneumonia. But the autopsy showed that the child died of myocarditis. what i am asking who can be held accountable. the er physician who saw the child with a heart rate of 180 but appeared stable, but admitted and hour later or the pediatrician who miss diagnose as pneumonia nd treated as such. i hope i am not being charged for my reply because i am not satisfied with the answer yet
Criminal Lawyer: Law Girl, Lawyer replied 9 years ago

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.

 

Ask Your Own Criminal Law Question
Customer reply replied 9 years ago
final comment. he did not get his diagnosis from the er physician. the er physican's diagnosis was myocarditis. but that was totally ignored and the patient was treated as having pneumonis. the child was not treated at all for myocaditis. the er physicians diagnoses was not taken into consedaration. can he still be held accountable
Criminal Lawyer: Law Girl, Lawyer replied 9 years ago

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.

Good Luck!

-KAT

Law Girl
Law Girl, Lawyer
Category: Criminal Law
Satisfied Customers: 4,606
Experience: I have practiced criminal law.
Verified
Law Girl and 87 other Criminal Law Specialists are ready to help you
Ask your own question now
Ask Law Girl Your Own Question
Law Girl
Law Girl
Law Girl, Lawyer
Category: Criminal Law
Satisfied Customers: 4,606
4,606 Satisfied Customers
Experience: I have practiced criminal law.

Law Girl is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends.

NormaPensacola, FL

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,194 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,063 satisfied customers

16 yrs. of experience including criminal law.

RobertJDFL

RobertJDFL

Lawyer

1,862 satisfied customers

Experienced in multiple areas of the law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

Nate

Nate

Lawyer

1,736 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,631 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

AttorneyTom

AttorneyTom

Lawyer

1,242 satisfied customers

Attorney

< Previous | Next >

Related Criminal Law Questions
They do have a right for free speech and to gather
They do have a right for free speech and to gather signatures and for public expression. So legally in CA, people expressing their right to free speech in gathering signatures or peacefully handing ou… read more
James Daloisio
James Daloisio
Attorney
Doctoral Degree
82 satisfied customers
I am a 100% disabled veteran I wear a baseball cap says
I am a 100% disabled veteran I wear a baseball cap says Purple Heart combat wounded I also have an American flag on it for some reason people believe that if you have an American flag that you voted f… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
An arrest warrant was served at my house to arrest my
an arrest warrant was served at my house to arrest my grandson,19 years old. a search found paraphnelia. iwas charged with the paraphnelia. he claimed the items. am I guilty of the possession? … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,157 satisfied customers
How do so many people get away with watching child porn?
How do so many people get away with watching child porn? Can't they be traced? And if so, how fast of a process would it be to locate them?… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,157 satisfied customers
My son is a meth addict with a resent DUI and a federal.
My son is a meth addict with a resent DUI and a federal … read more
Thelawman2
Thelawman2
Doctoral Degree
1,295 satisfied customers
My grandson was arrested for possession of less than an
My grandson was arrested for possession of less than an ounce of marijuana 2 weeks ago and have to go to court next week what happens and then this weekend he got locked up in the same area same Polic… read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
1,862 satisfied customers
I have couple of questions before i have go through your law
i have couple of questions before i have go through your law firm … read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,538 satisfied customers
I was just wondering about prostitution law. How common is
Hello, I was just wondering about prostitution law. How common is it for law enforcement to pursue a case of someone soliciting/patronizing an escort for sex, days or weeks, months, even years before … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
My son got a ticket for public intoxication in Galveston,
My son got a ticket for public intoxication in Galveston, Texas. Yesterday he received notification that he needed to appear in cour … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,157 satisfied customers
Regarding home invasion...should a senior citizen be
Regarding home invasion...should a senior citizen be continually harassed by B & E, Grand Larceny and Grand Theft, Burglary, and peeping via electronic surveillance, window and roof peeping via a one … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,356 satisfied customers
I have a dismissed petty theft misdemeanor from over 7 years
I have a dismissed petty theft misdemeanor from over 7 years ago, will this keep me from getting a licenses from FINRA? … read more
QuickEasyLegalHelp
QuickEasyLegalHelp
79 satisfied customers
I believe my court appointed attorney lied to me in order to
I believe my court appointed attorney lied to me in order to pressure me into a plea bargain lied to me in order to pressure me into a plea bargain. I later found out that I had been way over charged … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
I am the victim of childhood sex abuse by my former step
I am the victim of childhood sex abuse by my former step father from the late 60s through the 70s. I have been trying to find him for many, many years. His ex-wife foumd me three days ago and informed… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,810 satisfied customers
I need some legal advice about a theft in which I was the
I need some legal advice about a theft in which I was the primary victim but somehow my name wasn't included on the actual police report.… read more
QuickEasyLegalHelp
QuickEasyLegalHelp
79 satisfied customers
My nephew did try to robba guy with a gun and shot himself
my nephew did try to robba guy with a gun and shot himself in the leg. The robbery went bad and he went home and his sister and sisters boyfriend took the gun so his mom wouldnt find out. not knowing … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
My son is on probation and his p o violates him and has to
my son is on probation and his p o violates him and has to go to court in April all fine dealing with that but now he went on a job interview yesterday and got the job he starts Wednesday, he had an a… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,810 satisfied customers
I'm charged with 3counts domestic plus 1count felony
I'm charged with 3counts domestic plus 1count felony domestic with a deadly wepon … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
Just received phone call from SXXXn HXXXXr, stating he was a
Just received phone call from SXXXn HXXXXr, stating he was a Public Defender and my Grandson had been arrested in Hartford Ct on a DUI after being involved in an automobile accident. Said Bond was $21… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x