There is no way in the world any experienced medical malpractice attorney can give you a yes or no "is this malpractice" answer based on a brief online posting and summary answer, even on a great legal site like AVVO.
The short summary answer is that the medical malpractice law comes right out and states that medical malpractice requires more than simply an unfortunate medical result. Professional medical liability is based on proof that the care that was given fell below the average standard of care, and that damages resulted as a result of that substandard care.
A determination is more a medical decision than a legal determination and malpractice attorneys work with medical experts to screen the facts and records in any given case prior to determining if any case merits going forward.
If you believe that there may be a case, please make an appointment with an experienced medical malpractice attorney in your jurisdiction for a confidential and no cost initial consultation.
I truly wish you the best.
This answer is provided for informational purposes only. Actual legal advice can only be provided in an office consultation by an attorney licensed in your jurisdiction, with experience in the area of law in which your concern lies.
We get this question all the time: "Do I have a case?" The short answer is always going to be that no one can tell you whether you have a case without a detailed interview and a detailed review of the medical records. However, one thing jumps to the forefront with your post: Did your son suffer any injury because of what you perceive as a delay in transferring him? If not, then the answer is you probably don't have a case. In order to have a viable medical malpractice case, a medical care provider has to have breached the applicable standard of care and that breach has to have caused injury. You need a breach, causation and injury. In your case, I don't know whether there has been a breach or not, but from your description there doesn't appear to be any injury.
If there has been injury, you should contact an experienced medical malpractice attorney in Florida. Good luck.
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