Kenly, NC asked in Health Care Law and Medical Malpractice for North Carolina

Q: Baby has had ear infection for five months doc just kept giving new antibiotics now he has hearing loss

After every new antibiotic I would ask them "shouldn't he be getting better would prolonged infection that's not going away with antibiotics damage his ear" they kept telling me no. Finally I decided to ask to see ent and they are putting tubes but also said he would have hearing loss from the prolonged infection and fluid in his ear. Is this a case for malpractice?

1 Lawyer Answer
Peter N. Munsing
Peter N. Munsing
  • Medical Malpractice Lawyer
  • Wyomissing, PA

A: Possibly. Handling ear infections isn't a situation where you automatically call for tubes or significant problems.

Wait a few months. At one year point get a consultation from a member of the North Carolina Advocates for Justice.They give free consultations. Problem is that it is hard to tell for a while if there is a hearing loss and if it's permanent.

Good news is that there is usually a delayed statute of limitations for children. But at one year out, once your child is at least medically stabilized, I'd get a consultation.

In the meantime don't indicate to any medical staff you are considering doing this or they will all shy away for fear of being "dragged into a lawsuit." Right now you child needs care and putting doctors in a situation where they act like deer in the headlights isn't a good thing.

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