Point Arena, CA asked in Medical Malpractice for California

Q: Is it failure to diagnoses, if my daughters blood was never tested while she was exhibiting symptoms of leukemia?

We had gone into the urgent care clinic with an odd complaint of her mouth hurting, I also told the physicians assistant (whom was the acting medical authority) my daughter was having difficulty breathing at night. A week goes by and my daughters lymph nodes on her neck are completely enlarged, alarmingly enlarged, is given a steroid and tested for strep. Symptoms get worse, no decrease or improvement in her lymph nodes, weight loss. I brought her in once a week for four weeks and not once was any blood test performed. I want to hold this lady accountable for not doing her job. She should have tested my daughters blood, she should have tested it the first time her lymph nodes where enlarged. My daughter was full of leukemia cells by the time I finally brought her to a hospital,if I remember correctly at 90%. Had this PA done her job, 'If treatment starts early, the chance of remission is higher' (medicalnewstoday.com). My daughter is doing really well, God bless her! I am still angry.

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1 Lawyer Answer
Tobie B. Waxman
Tobie B. Waxman
Answered
  • Medical Malpractice Lawyer
  • Culver City, CA
  • Licensed in California

A: PA? Does your daughter have a pediatrician? Why did you keep returning to urgent care rather than having your daughter be seen by her regular doctor? Whether the PA's actions were below the standard of care and therefore the Urgent Care facility would be liable for her negligence, depends on whether her care was appropriate given the presenting symptoms. A lawyer cannot answer that question. You need to ask an oncologist or her pediatrician. If the oncologist or her pediatrician tell you the care was unacceptable or negligent, that other tests should have been performed, such as blood draw, then you may have a claim against the facility. The next hurdle is whether the PA's negligence caused your daughter any injury. i.e. whether the PA's negligence, failure to order the right tests has any impact on the chance of remission - keeping in mind that the delay was just 4 weeks.

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