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Can I seek legal action?

Business 2 views 3 answers
Friday my daughter was woken up out of her sleep with tachycardia, which we learned from going to the hospital for five years for the same condition that it is because of hypokalemia. She almost always has a seizure and injures herself when it happens. Since we've found out about this she has suffered various head and mouth injuries. Right now she has two bruises on her feet from the seizure she had Friday. We also know that when this happens, all they do is check her blood, give her potassium and send us on her way. I looked more into hypokalemia because for five years she's been suffering and found out that there is a serious, rare condition linked to it called hypokalemic periodic paralysis and she has all of the symptoms, but only way to confirm would be to get a doctor ordered muscle biopsy, which they refuse to do. The hospital and her primary care physician has yet to do anything more than stated above in the last five years. Do we have a case?

Attorney Answers

3
Brendan Flanagan ·
I'm very sorry to hear about your daughter's illness. This fact pattern seems quite complex. It seems like you are concerned that your daughter may not be receiving proper treatment, or has been misdiagnosed. You should consult an attorney in Louisiana. Therefore, I would search for an attorney who specializes in medical malpractice. Ask if they offer a free consultation.
0 upvotes
Philip Fabiano ·
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. 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. In order to find out 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.
0 upvotes

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