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Do I have a case after 3 visits to the E.R.? Was diagnosed with meningitis.
Anonymous4 views4 answers
Back in June/July 2009 I had taken my son to the E.R. 3 times. The first time was for high fever. They told me it was a viral infection and would take its course within 7 to 10 days. About a week later I had to take him back because his fever got higher, he was listful, lathargic, not eating, etc... They did blood work, ran some test, and chest x-rays and said it was pneumonia. They gave his antibiotics and sent him home. They told me that if he got worst to bring him back in. The next day his eyes were jumping and rolling in the back of his head. I took him back into the E.R. and they ran the usual blood work, Cat scan, etc... At this point he's was not eating, drinking, etc... He was also dehydrated. After the test results came back they said he had meningitis. They did not admit him.
You will likely have to have a doctor to support a contention that the meningitis should have been diagnosed earlier. Because medical malpractice claims are expensive and difficult to pursue, you need to talk to an attorney to determine if any damages caused by the delay are enough to make it reasonable to pursue a claim.
You should talk to a medical malpractice attorney in FL to see if you have a possible claim against the doctor and hospital. I'm wondering why they did not admit him if he was diagnosed with meningitis?
You will need to have the medical records reviewed and get an expert opinion stating that the doctor and hospital deviated from the medical standard of care in your community.
Medical malpractice involves a complex mix of legal and medical issues. You would need a doctor to establish that the ER made a mistake that could have been easily avoided and as a result of same there were injuries that would not have occurred.
This may very well be a good case. The standard of care for an ER evaluation of fever depends in part upon the age of the child. Certainly when he exhibited behavioral changes they should have suspected meningitis and ordered a lumbar puncture.
