Can i win?

Asked about 2 years ago - Fremont, OH

My son is 11. He was diagnosed three years ago with what the dr told us was an extra pouch off his bladder. We found out later this was a third ureter. Last summer my son was taken to the er for swollen testicles and he was in severe pain. After running some tests the hospital diagnosed him with a double hernia. My sons dydr asked for a copy of the test which we gave him. The test was not looked at which he admitted. When he did the surgery, he came out in the middle of it to tell me that my son did not have a double hernia but had a hydrocele and a slight hernia with a major infection in his testicles. He stayed in the hospital a day and then was sent home with antibiotics. Two weeks later everything started over again. Another infection. The dr ordered a flow test on my child

Additional information

Would i have a case and could i win?

Attorney answers (4)

  1. James Michael Kelley III

    Pro

    Contributor Level 4

    1

    Lawyer agrees

    Answered . It is not enough information to answer. To prove a malpractice case in Ohio you must prove three elements: (1)The provider "deviated from accepted standards" which means the acted unreasonably given the circumstance, (2) The deviation directly caused or contributed to an outcome change and (3) each damage that is a direct and proximate result of the former two elements. These claims are science based so only with a thorough review of a medcal record can your question be addressed specifically.

    This answer is not legal advice, and does not amount to a legal relationsip. Only with a full exploration of the... more
  2. Christopher James Regan

    Contributor Level 5

    Answered . The other attorneys are correct -- you need to talk to an attorney about this is more detail to understand your rights. Do not delay, as time limits run against you in this type of situation.

  3. Marc Edward Stewart

    Contributor Level 16

    Answered . All of your statement/question may not have been successfully posted on the website. It cuts off after "...flow test on my child..." Any any rate, the answer to your question (as to whether you could win) is putting the cart before the horse. It's hard for me to weigh in on the medical issues as the question trails off. However, what I was able to garner did not seem like malpractice. It sounds like your son has what doctors call "aberrant anatomy," meaning he has a structure in a place that 99.99% of people do not have. The presence of a 3rd ureter will render analysis of his medical issues very difficult. There is no telling what is going on in there. This then muddies the question as to whether a physician complied with the applicable standards of care (standards of care are developed based on patients with "normal"anatomy, of course).

    I'm not an Ohio lawyer. You'll want to consult with a local attorney to get reliable advice as to the critical legal deadlines in the case. You may want to have the medical records reviewed. Good luck.

  4. Paul J. Whiting

    Pro

    Contributor Level 9

    Answered . It isn't clear given the information. We need additional information to make even the beginnings of a recommendation. However, you should definitely seek out local counsel to review the case.

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