Legal Question in Medical Malpractice in Missouri

What are the possible outcomes?

Before my son was 1 year old, my son's pediatrician punctured his ear drum during a routine visit by cleaning his right ear. The cleaning drew blood and within 24 hours we were at a hospital because he had a ruptured ear drum. We saw an ENT specialist who recorded our visit (I overheard) stating he felt the puncture was due to pediatrician cleaning. Now my son is 10 years old and has had repeated problems with drum perforations in the same ear and recently had a cholesteatoma removed. Cholesteatomas take many years to develop and are often caused by ruptured eardrum or injury. Surgery was semi successful. Now ear drum is retracting again since cholesteatomas often regrow even after surgery. What are the risks of taking this to court after so many years and possible outcomes for decisions?


Asked on 1/03/01, 8:24 pm

1 Answer from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: What are the possible outcomes?

The risks, with a good plaintiff's firm, are fairly marginal. A good plaintiff's firm will first evaluate the case to determine if the evidence supports bringing a malpractice case. If there is evidence of malpractice, then the firm will bring the case.

Importantly, as it has been more than two years since the incident, the statute of limitations on your claim (for medical expenses) is probably barred. Your son's claim for injuries (loss of hearing, personal damages, pain, suffering, etc.)is still viable and remains so until 2 years past his 18th birthday. However, we always recommend prosecuting an action while the evidence is fresh.

Please feel free to contact me at 888-717-7575 if you have further questions.

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Answered on 1/05/01, 12:36 pm


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