Unfortunately, you may have difficulty finding a lawyer. First, in order to be successful in these cases you have to demonstrate a breach of the standard of care. That requires expert testimony. So assuming you can do that (which is not certain) you get to the second issue… $$$ It costs a lot of money to prosecute these cases and it is not likely that the injury you described is likely to be worth enough to justify bringing the case. It is a problem for plaintiffs all over this country. They are unable to bring viable claims because it is cost prohibitive. It certainly does not help that many states require extra hurdles before a claim even be brought.
How do you know which doctor is correct? No lawyer will take a case for $160. A lawyer must have an expert for a medical malpractice case.
I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 385-8015 or via email at Eric@RothsteinLawNY.com. The above answer is for informational purposes only and not meant as legal advice.
As the other attorneys responding have indicated, it would cost you more to prosecute a case to get your $160 back, as it costs thousands to retain a medical expert just to give an opinion as to whether the first doctor committed malpractice by making a misdiagnosis. In any event, and assuming for discussion that he did, your case would probably be dismissed. A successful claim requires not only proving that the doctor committed malpractice, but also that the patient was injured due to that act of malpractice. You took your children to the hospital within 3 hours after seeing the first doctor, so that it is highly unlikely that they were injured, or made worse, due to his diagnosis; nor do you indicate as such.
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