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

PREMIUM
Answered
  • 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.