Q: Do I have a medical negligence lawsuit?
About a week ago I had to bring my child into the emergency room for a mouth injury that needed stitches. The first hospital was unable to help us and sent us to Children’s Hospital instead. They looked at it but there was no ENT doctor available at the time. Instead of waiting until one arrived, they sent us home and told us to follow up with an ENT in about 5 days. ENT was not able to get us in within that time frame. My child now requires surgery to fix the issue that could’ve easily been fixed with stitches. Stitches do have a time frame (24hrs max) and even if we had been able to see the ENT on the exact date they recommended, it still would have been too late for stitches. We do have insurance (Tricare) and it will be covered but do I have a lawsuit? Ohio
A: A lot depends on whether they increased the risk of harm to the child. A problem is that one hospital was a specialized hospital. However that being said, they are held to a higher standard. I suggest you contact a member of the Ohio Assn for Justice who handles medical care cases--they give free consults.
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