Legal Question in Medical Malpractice in Alabama

5 hosp. visits, no diagnosis, 13 yr old child dies heart failure

I took my daughter to the hospital 5 times within a two week period. I was told nothing was wrong with her heart. On the 5th visit they admitted her to run test. She was diagnosed with cardiomyopathy. She was placed on heart transplant list. I'm having trouble finding an attorney. I've been told by one in-house physician that my daughter was midiagnosed, and delayed diagnosis. However, because an autopsy wasnt perform it would be hard to prove my case. Are there any alternatives? Is Arbitration an option?


Asked on 4/04/00, 10:11 pm

1 Answer from Attorneys

Dennis Harmon Dennis Harmon

Re: 5 hosp. visits, no diagnosis, 13 yr old child dies heart failure

I'm very sorry to hear this about your loss. I understand that professionals consider the loss of a child the most stressful situation a person can face.

I need to know more about what happened before I can give you a good answer. Did any doctor say that your child would have survived if diagnosed earlier? This could take the form of some treatment that would have delayed the passing of your child by preventing damage while you waited for a correct diagnosis or because a transplant would have been available. It might be some other reason that the doctors know about.

In medical malpractice, one must prove not only that the doctor made a mistake but also that it caused a harm. For example, if a transplant was available within the two week misdiagnosis window, then the delay may have caused the death. On the other hand, if no treatment could have delayed the death and no transplant was available, then the doctors' mistakes may have made no difference.

Let me know a bit more about what happened. Thanks

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Answered on 4/19/00, 2:50 pm


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