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My 3 month old daughter has a staph infection. Her hip and…

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My 3 month old daughter...
My 3 month old daughter has a staph infection. Her hip and shoulder joint have become infected. I noticed that her shoulder and hip were not right, but a doctor disagreed with me about the shoulder. Now, 3 days later her shoulder is so bad that the infection has gotten into the bone and her growth plate may be affected. Does my daughter or me have any reason or right to seek compensation? If so, should I seek legal advice immediately or wait and see if my daughters growth plate is indeed damaged and then take action? I have insurance so any future treatment for the damaged arm would probably not cost me anything, so should I contact my insurance company and let them pursue it? And what about pain and suffering? This could be a physically noticeable affect and affect her ability to play sports and many other activities. Is there a general settlement amount or degree of compensation?
Submitted: 8 years ago.Category: Legal
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6/18/2010
Lawyer: Dwayne B., Attorney replied 8 years ago
Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 34,389
Experience: Began practicing law in 1992
Verified
Go ahead and see a lawyer, but don't get your hopes too high. Staph cases are very difficult to make and many medical malpractice lawyers won't touch them.

It is way too early to tell how much, if any, you might be able to get from this. There are so many variables it is impossible to tell even a range.

However, the earlier you speak to a medical malpractice lawyer the better. They will want to get the records, maybe have you see specific doctors, etc.

Pain and suffering as well as loss of the ability to play sports, etc are all compensable.

Thank you for allowing me to assist you. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. Please remember that we can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.

Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.
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Customer reply replied 8 years ago

"What do you mean staph cases are difficult to make?" They diagonsed her with staph, they x-rayed her hip and knee, but didnt x-ray the shoulder even though I insisted that there was something wrong with it. They were taking every precaution. Brain scan (cyst), spinal tap (menigitis), and x-rayed her lungs for pnemonia. Didn't they misdiagonis the shoulder resulting in possible permanent damage to her arm?

Lawyer: Dwayne B., Attorney replied 8 years ago
Possibly, but you have to prove that the failure to diagnose caused the harm. With staph doctors are reluctant to state "within reasonable medical probability" that the failure to diagnose caused a different result than would have occurred if it had been diagnosed correctly and promptly. I'm not saying it is impossible, just difficult.

Thank you for allowing me to assist you. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. Please remember that we can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.

Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.
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Customer reply replied 8 years ago

Would the fact that the hip did not have any bone affect three days earlier at all help prove that the shoulder could have been better? What about the fact that they had good reason to believe that the shoulder was affected and they did not act promptly?

Lawyer: Dwayne B., Attorney replied 8 years ago
To make a medical malpractice case you not only have to prove negligence, I don't think you're going to have any problem with that, the issue is did that negligence make her condition worse. it very well may have, it's just hard to get doctors tied down on when the staph spread and when it caused damage. The only way you're going to know for sure if you can make the case is have an expert review the records.

Thank you for allowing me to assist you. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. Please remember that we can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.

Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.
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