Legal Question in Medical Malpractice in New York

doctors,hospital or AMA resulted in my 9 year old's current medical condition?

My daughter has seen the same doctor for 2 years. During those two years, she had had strep throat 8 times.

Since her tonsils were always at the least,slightly enlarged, I asked each time about a tonsilectomy.

I was told repeatedly that medical policy nowadays required the patient to have 8 strep occurences within a single year to warrant that procedure.

Short version: begin 1st monday in Feb.'09-go to doc with strep. Keflex

prescribed.

Tues-pain in left foot,return to doc,

child accused of faking pain

Weds-no change

Thurs-pain switches feet

Fri-pain in both feet and calves

We go to ER,blood test shows nothing,ER doc ready to admit child

ER doc calls child's doctor. ER doc returns and admonishes child on missing school and tells her nothing is wrong with her. No wheelchair is offered. I carry daughter out . sympathetic nurse catches up to me with wheelchair

Next monday-change doctor and make appt.

Appt. Day-after exam, new doc immediately hears disturbing whine in heart and refers to cardiologist.Orders blood and other tests.

2nd appt.- test shows SED rate of 130. Highest doc has ever seen.

cardiologist confirms Acute Rheumatic Fever w/moderate leak in aortic valve-orders lifetime daily pennnicillin & blood med.


Asked on 6/05/09, 6:50 pm

3 Answers from Attorneys

Pasquale Calcagno Calcagno & Associates, PLLC

Re: doctors,hospital or AMA resulted in my 9 year old's current medical condition?

I am very sorry for your terrible ordeal. In order to determine whether a medical malpractice claim is viable and worthy of investigation one must determine whether the doctor and/or hospital deviated from the standard of care. Based upon your short explanation of the your claim it appears that there is sufficient facts to warrant a further investigation of whether we would take on your case. In order for us to do that we need to speak to you and gather more details and obtain the medical records for your daughter. Feel free to call me, Pasquale Calcagno, Esq., for a free consultation at 1(800)WE-FIGHT. Also, visit our website at www.1800wefight.com for useful information on medical malpractice claims. I look forward to fighting hard for you and your family. We have convenient locations all over New York and we can send a lawyer to your home if needed.

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Answered on 6/06/09, 1:26 pm
Pasquale Calcagno Calcagno & Associates, PLLC

Re: doctors,hospital or AMA resulted in my 9 year old's current medical condition?

I am very sorry for your terrible ordeal. In order to determine whether a medical malpractice claim is viable and worthy of investigation one must determine whether the doctor and/or hospital deviated from the standard of care. Based upon your short explanation of the your claim it appears that there is sufficient facts to warrant a further investigation of whether we would take on your case. In order for us to do that we need to speak to you and gather more details and obtain the medical records for your daughter. Feel free to call me, Pasquale Calcagno, Esq., for a free consultation at 1(800)WE-FIGHT. Also, visit our website at www.1800wefight.com for useful information on medical malpractice claims. I look forward to fighting hard for you and your family. We have convenient locations all over New York and we can send a lawyer to your home if needed.

Read more
Answered on 6/06/09, 1:26 pm

Re: doctors,hospital or AMA resulted in my 9 year old's current medical condition?

Interesting fact pattern. Issue is whether there would be the same result if the correct diagnosis was made earlier. Worth discussing with the cardiologist. If he/she says your daughter would not now need daily pennicillin plus the other medications if she'd been worked up properly when the symptoms first appeared, I think you'd have a theory on which to build a case. Ask. Best, M. E. Zuller

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Answered on 6/06/09, 7:29 am


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