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Do I have a case here ? If yes, which type of lawyers can help me and how do I choose one?

Scottsdale, AZ |

My Daughter 1 month old, was admitted in a reputed hospital for a rash near her groin area, suspected to be a bacterial/fungal infection. While her blood, urine and spinal fluid was sent to the lab for culture, the hospital guys wanted to start the treatment on her. After more than an hour of try the nurses failed to get an IV into my daughter, she was poked on all possible parts of the body & failed. They had to take help of NICU nurse, finally IV was in her left leg ankle with no window to see the IV site. Next day when the IV site was opened, my daughter had a thick red blister and I was told it was just a wound. After 2 days when a pediatric surgeon took a look at it, told us that it is a second degree chemical burn and currently we treating her for a 3rd degree burn outside the hospit

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Attorney answers 4


A medical malpractice case requires a breach of the standard of care that causes a significant injury that would not have occurred otherwise. In this case, my first question is the significance of the injury, How big is the burn, and will it leave a permanent scar? Is there any injury to surrounding tissue? What was the chemical agent that caused the burn, and why was it used? At this point there are a lot of unanswered questions.



The burn site covers the ankle area (close to an inch +- of a inch). I would pray that it should not leave a permanent scar, but it is tough to say for now. The plastic surgeon say's we need to allow the baby to heal to the extent the baby body can and based on that recovery she would decide on a skin graft. We are visiting this plastic surgeon every 2 weeks. For now necrosis has already taken place and there is a full thickness skin loss (these are the term's the plastic surgeons and burn specialists have used so far). We are not very sure, which chemical agent would have caused the burn, but she was given ampicillin and cefotaxime antibacterial and also Acyclovir anti fungal (every few hours) through her IV. I have pictures with me right from the Day 1 . Things which I think was not right was that the IV site was covered in a fashion that there was no room for anyone to see the IV site, if they had a visible window of the site we could have caught the infiltrate in much earlier stage's. As the results from the lab was not back and the infiltrate had occurred, they had to continue the treatment on my daughter they stopped the previous IV and hence gave her a new IV, this time on her hand, this time the nurses did it in one go and also had a visible window of the IV site. Seeing this, it appeared to me that my baby was a playground and she was in the hands of a bunch of inexperience nurses and doctor's on the day 1. After the lab reports came back for the rash, which turned out to be negative for all the possible suspicion they had, they discharged us very next morning. Anyway I, had my doubts on the hospital capabilities by then, but they calmly mentioned to me to see my primary physician for further care. They didn't show any responsibility towards the IV infiltrate wound which they had caused. We all had to wait for close to 2 days after the infiltration happened, for a wound specialist to come in and check my daughter and find out what really happened.

John M Curtin

John M Curtin


AS a father with 2 daughters, this is one of those times where you pray for a case that is too small to be of interest to a med mal lawyer -- in other words, that there is no permanency to the injury. In a situation like this, there is plenty of time for your daughter to make a claim -- until 2 years after her 18th birthday, in fact. But -- to the extend that YOU have a claim (ie. unreimbursed medical care) you have 2 years to bring it.


This sounds like a terrible ordeal. You may want to consult with a local medical malpractice lawyer. These types of cases are dependent upon the specific facts and circumstances and really have to be reviewed on a case by case basis. I would suggest that you obtain the medical records and consult with a local medical malpractice lawyer, to review the case and with whom to discuss your options in greater detail.


I'm sorry to hear about this, and your best bet is to have a local med mal lawyer take a look it this.


You may have a case and should gather the information necessary for a proper review by a local medical malpractice attorney and medical expert. You should call the medical records department of the hospital and make an appointment to come in, pay the copying fee and sign the HIPPA forms allowing release of the medical records to you.
It is not unusual to have difficulty starting an IV line on a 1 month old. The hospital should have arranged for a NICU nurse to insert the IV line at the inception. But that, in and of itself, is not malpractice. Careful observations of the IV site throughout each day looking for any redness, color or temperature changes. (I had a similar case where an IV line resulted in what appeared to be a chemical burn due to the administration of phenergan, which is a caustic substance.) If any positive findings are made, a physician should be immediately notified who may order the IV line removed and inserted elsewhere. These observations by the nursing staff should be recorded on an IV flow sheet.
You should call a medical malpractice attorney as soon as possible and schedule a consultation. I am not licensed to practice law in your state

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