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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118061
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Were in Fairfield, CT. My 3 1/2 year old daughter fell out

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We're in Fairfield, CT. My 3 1/2 year old daughter fell out of bed in the middle of the night and was upset and disoriented, complaining of arm and neck pain. I rushed her to the emergency room where we waited for about 2.5 hours before being put in a room and seen by the ER doctor. Doctor did a brief examination and said nothing was wrong with her - diagnosis was that she was startled. I explained that did not make sense, it was unlike her, she was reacting significantly when we moved her into certain positions, arm and neck pain, etc. Said nothing was wrong, said we did not even need discharge paperwork and sent us on our way. She was able to get to sleep but woke up with same symptoms, brought her to PCP who diagnosed broken clavicle immediately and sent us for an X-ray, which confirmed her diagnosis. Fast forward one month and we received a bill from the hospital for $1338. I called to complain and they responded to days later with an offer to reduce it by 20%. Wondering if I should accept that offer or pursue further action.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

No, you should NOT accept paying a bill reduced by 20% for a doctor committing malpractice in misdiagnosing your child. What you should do is tell them in writing that their doctor committed malpractice in failure to properly diagnose or order an x-ray and as such you plan on suing them for the damages your child suffered (between you and I it will not be much money value, but you do not need to tell them that) because they failed to properly diagnose. You need to attach a copy of the correct diagnosis from your PCP.

As a demand for damages, you need to start at 3 times the total bill for pain and suffering and you can negotiate down from there, but if they refuse to settle you need to file a complaint with the CT board of medicine, then you need to get a sworn statement from your PCP regarding the misdiagnosis and you need to file suit against the doctor and hospital for medical malpractice regarding their improper conduct.

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Customer: replied 4 years ago.

What would it cost for you to prepare such a letter, or is it something that's better coming from me first?

Thank you for your response.

Because this case is worth realistically likely less than $5000-$10,000, it makes more sense coming from you. She has no permanent injury and the injury was not fatal or life threatening, plus she is so young, these factors contribute to lowering the value of the case. However, a personal injury attorney locally could assist you in he case if it comes to you filing suit if you like, but you can file suit in small claims court if it comes to needing to for anything up to $5000 without any attorney.
Law Educator, Esq. and 2 other Legal Specialists are ready to help you