Does a misdiagnosis qualify for a malpractice suit?

First, let me say how sorry I am for what you are going through right now. It is never easy to manage a serious health crisis such as this, let alone when it's possible the negligence of a health care provider may be involved.

A misdiagnosis can be considered legal malpractice. You should speak with an attorney to discuss potential claims against the Hospital and the pediatrician for failing to diagnose your son's appendicitis.

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This response is for informational purposes only and is not, nor is it intended to be legal advice. No attorney-client relationship is created by this answer. An attorney-client relationship may only be created by written agreement of the parties. This information is not a substitute for seeking legal counsel from an attorney with whom you have an atttorney client relationship along with all the privileges that relationship provides.

I am not licensed in WA, but can offer you general advice. I would call a local lawyer immediately. Your potential claim needs to be evaluated. Having handled other appendix cases in Florida, had it happened here I would want to talk to you and evaluate the claim by getting the medical records. I certainly hope that you son recovers fully and children are more able to rebound than adults, but it sounds like you may have claims against the ER and the family doctor. I think you should find another family doctor for your son's follow up care immediately. Speak with a local lawyer about this, and do so immediately.

Betsey Herd
Tampa, Florida

As I am licensed in Florida and Vermont, I cannot comment specifically on Washington law. However, generally, this situation would need to be evaluated by a medical doctor, preferably in the same specialty as the Dr. who failed to order the tests initially. Even if the standard of care for a doctor was breached by your physician, the next inquiry would be what was the extent of the damages caused by the Dr.'s negligence. Based on what you have revealed, it would appear that the appendix may have already ruptured by the time your child went to the ER or the defendant doctor will attempt to claim that it had, the point being that the doctor will claim that his negligence did not cause any significant injury to your child and that he was already suffering from a ruptured appendix when he was first seen. Such a defense would somewhat minimize the damage claim. While this is a horrible situation for you and your child, unless your son has sustained some significant permanent injuries as a result of the potential negligence, you may find that it is cost prohibitive to pursue the claim against the physician and hospital. The place to start is to consult as soon as possible with a qualified personal injury attorney in your area. It will be necessary for an expert to review the medical records of your son in detail and render an opinion as to negligence as well as the specific damages caused as a direct result of the negligence. I wish your son a speedy recovery and I hope this has been helpful.