Almost 2 years ago (April of this year) is when we took my then 2 month old daughter into the er for a low grade fever she didn't have her first round of shots so they did the spinal tap, took urine etc the very next day they called us in saying she tested positive for menengitice they immediately do more test (including multiple spinal taps) blood work etc they give her an iv and started medication we where there for close to a week only to find out nothing was ever wrong with her it was all a mistake since then there hasn't been a night she hasn't woken up crying in her sleep I truly believe all this stems from this horrible situation and it's weighed so heavily on my mind all this time so my question is there anything I can do legally?
The likely answer is no. Malpractice is care and treatment that falls below the standard of care and causes injury. The standard of care is basically the level at which the average, prudent provider in a given community would practice. It is how similarly qualified practitioners would have managed the patient's care under the same or similar circumstances. First it is likely an expert would conclude that based on your daughter's presenting symptoms and testing the diagnosis they made, even though later shown to be wrong, was reasonable under the circumstances. In addition even if there was some negligence her in misdiagnosing your daughter, the Injury typically must be severe or permanent in order for the claim to be economically feasible to pursue even if there is malpractice. These cases are very expensive and risky to pursue. Unless it appears there would be a meaningful economic recovery to the patient the cases are cost prohibitive to pursue. I am in no way minimizing what you describe happens to your daughter every night but making that connection to any potential misdiagnosis would be difficult. In order to find out for sure if your daughter was the victim of negligence, you need to retain a lawyer willing to investigate the claim. The lawyer will gather your daughter's medical records and have them reviewed by a medical expert who will be asked to offer an opinion as to whether 1. the care and treatment she received fell below the applicable standard of care and 2. caused an injury. There is no claim to pursue unless and until such an opinion is secured. I doubt you will find someone willing to investigate and if you did find someone I suspect they would ask you to cover the cost of the expert review and that will be at a minimum several thousand dollars. This notion that there all these frivolous lawsuits being filed and juries just give away money for nothing has never been true. I typically ask people how many medical malpractice cases they think went to trial last year in Allegheny County. I usually here 500 or 300 or 200. I remind them that there are 365 days in a year and with weekends and holidays they are basically saying there is one trial a day. Last year there were 10. Also Allegheny County is the second best county to bring these cases outside of Philadelphia County. The patients lost all 10 cases. Normally there are 10-15 cases and the patients lose over 90 percent. Those 10 that lost last year--do you think they lost because they were frivolous or did the jury turn away real victims??
If you feel this is the "best" answer or is "helpful," please indicate. Since I am limited to the information you provide, I cannot guarantee the accuracy of the answer. You should seek the advise of an attorney who can explore all aspects of your question. This communication does not form an attorney client relationship.
The likely answer is no. In the face of potential meningitis, the standard of care demands aggressive, life saving treatment. Unfortunately, even with the best screens, there can be false positives. Best of luck.
Boy this would be a tough one to prove legally. You would need a doctor to causally connect what you're going through to the event. I wish you best.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline