Medicalmalpractice.com defines “medical negligence” as “the act or omission in treatment of a patient by a medical professional, which deviates from the accepted medical standard of care.” I am not a lawyer, but it sounds like the doctor from 2007 may have made an omission. However, the statue of limitations for most states is 2 years for medical malpractice claims. So it might be too late. But your best bet is to get in touch with a medical malpractice attorney. Many of them give free consultations. Good luck!
The question
I'm sorry this is long but I need some direction:
In 2003 my child had a major medical condition that required emergency surgery. Follow up screening was required but no chemo or radiation.
About 2 1/2 years ago, Fall 2006, my child began experiencing pain we thought may be related to their previous condition. We were referred to a pediatric specialist in January 2007. The specialist ordered lab work which we submitted to. Meanwhile, we discovered that particular specialist was NOT covered by our insurance. We had to switch to someone in our network.
For the past two years we have been to several specialists who submitted my child to extensive testing related to the prior condition.
We were recently referred to another specialist who wanted to run another series of test. I stated that particular test had already been run and it was negative. The doctor consulted the chart and agreed but then stated our child had tested positive in 2007 for a particular illness. It was from the first specialist we had seen and we were NEVER notified by the doctor by phone or by mail of the positive result!!!! I had called the first doctor to cancel my appointment - information could have been given at that time! That result would have changed the last two years of my child's life!!
This last specialist apologized and advised that in his office he signs off on medical labs before they are filed. There was no signature.
These records have been to all the specialists that our child has seen.
Do we have medical neglience on the part of the first doctor for not contacting us about the positive test result?
Thank you for reading!
From the LawyerCentral forum archive. Originally posted 23 January 2009 on a legal forum that has closed. Names and contact details were removed. See the original (Internet Archive).
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