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RobertJDFL, Attorney
Category: Legal
Satisfied Customers: 13673
Experience:  Experienced in multiple areas of the law.
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My Question is...I had took my 11month old grandson to the

Customer Question

My Question is...I had took my 11month old grandson to the emergency room because he woke up fussy, won't eat & breathing hard, chest & side was contracting hard, we arrived at 10a.m & was taking to the back 10mins later wher they took vitals & then was placed in a room, the doc didn't come in the room until 12p, looked at him & had the x-ray tech to do chest x-rays & the lab tech done blood work, another hr pasted, so finally he came back in & said his white blood count was way high & his lung had a spot on it, might be pneumonia, he leaves out, another nurse comes in, I ask her, did the doc forget about us because, the breathing was worse & he was sleeping a lot, she stated he had more patients, but she think he was gonna get transferred to ah better hospital, so finally the doc comes back in & tells me, he is being transferred, its 3p.m the ambulance arrived at 5p, to transfer him, on the way to the other hospital, the permedics has to give him oxygen, so wen we arrived at the other hospital which was 30min away but better, the neo team & doctors were waiting, they tried to get him stable as possible wit oxygen, albutural, the oxygen was the highest they could give babies, which was 17 litters, he still wasn't getting better, the doc said that with him just sitting at the first hospital we went to, made it worse, they couldn't believe that he was treated proper, nor given oxygen, they also told us to be on the safe side, he needed more treatment, he was gonna have to be flown to Memphis, tn to le Bonheur childrens hospital, so when he arrived there, he was immediately taken intensive care, where 3-4 doctors where doctoring on him, the last result, he was gonna have to be put on a ventilator..he finally started getting better on the 4th day in intensive care..he was treated for bronchalitis, its a virus that infants get, where the arteries are backed up with I feel like this is ah negligence case from the first hospital because he didn't get proper treatment, & they just left him unattendant...
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Tn
JA: Has anything been filed or reported?
Customer: I reported to my insurance & I Think they were gonna reported to the hospital administrator
JA: Anything else you want the lawyer to know before I connect you?
Customer: I just feel like they negligent my grandson & he could have died..
Submitted: 3 months ago.
Category: Legal
Expert:  RobertJDFL replied 3 months ago.

Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. I am reviewing your question and will reply back shortly.

Expert:  RobertJDFL replied 3 months ago.

Good evening,

Thank you for your question. I am very sorry to hear what happened to your grandson, but happy to know he is doing better now.

What you are asking about is medical malpractice (medical negligence). The foundational requirements to prove a medical malpractice claim include proving the following:

  • There was a duty owed by the doctor to the person bringing the claim, or “claimant” (a lawsuit in a situation involving a minor would be brought by his parents/guardians on his behalf);
  • The doctor was negligent;
  • This negligence was the cause of the injury to the claimant;
  • The claimant incurred damages as a result of the injury.

A doctor or healthcare professional owes a duty of care when a doctor-patient relationship is established. The duty of care that is owed as a result of the doctor-patient relationship means that the doctor must treat the patient with an established standard of medical treatment. The doctor must treat the patient as another doctor in the same area of medicine would treat their patient.

If the doctor deviated from treatment that would have been used by a medical professional practicing in the same area of medicine, then the doctor will most likely be found negligent. The next step is to prove that this negligence directly caused the injury to the claimant. It must also be shown that this injury resulted in damages. Some damages may include:

  • Physical and mental pain and suffering
  • Loss of enjoyment of life
  • Medical bills
  • Future medical expenses

Proving all of these legal elements is difficult, but essential to a successful medical malpractice case, because if all of them cannot be established, then there is no claim.

To put it another way, a lawyer would have to prove that the delayed diagnosis/misdiagnosis of your grandson by the first hospital resulted in him needing additional care and eventually ending up on a ventilator. If he had gotten immediate treatment and the results would have been the same, then a doctor could not be found negligent as a result. Testimony of expert witnesses -an independent physician who practices in the same area of medicine -would be necessary to show that the doctor's lack of action at the first hospital caused his condition to worsen and advance and that he would have benefited from proper, prompt care. I know you had one doctor tell you this, but I would opine that you'll need a medical malpractice attorney to review all of the medical records from each treating hospital and talk to you more in depth before they can decide if there is a claim, and what that claim may be worth.

Medical malpractice attorneys work on contingency, meaning the family would pay no fees or costs unless they were able to win a monetary judgment.

Expert:  RobertJDFL replied 3 months ago.

Was there anything I could clarify for you or additional information you needed?

If you need clarification or additional information, please REPLY and I'll be happy to help further. Otherwise, please remember to leave a positive rating by clicking on the stars so I am credited for my time and assistance.