Q: here is our story can you help us? I believe we have a medical malpractice case.
We took our 14 year old daughter on June 26, 2020 to our local emergency Room Gerald Champion because she had swallowed a plastic water bottle lid our local emergency Room basically took x-rays told her she'd pass it if she hadn't already told her to take more fiber and more water and sent her home our daughter was still suffering with pain in her upper Chest felt like she had something stuck in her esophagus, hurt to breathe, move, talk so the next day I chose to take her to another hospital Memorial Medical Center in Las Cruces NM an hour away. The doctors there after looking at her and having more xrays done were able to find an ENT that wasn't on call but came in anyway they got my daughter ready for surgery to remove the lid that was stuck in her throat
Dr Owens told me that she NEVER would have never passed it as it was stuck in her throat. our local hospital Gerald Champion
A:
A New Mexico attorney could advise best, but your question remains open for two weeks. I'm sorry for the ordeal your daughter and your family went through. Despite what all of you went through due to the emergency room's original diagnosis, it could be difficult to bring a case based on that. I'm glad that this story had a happy ending in terms of removing the plastic lid, but it could be difficult to establish damages based on the brief period in which the cap was stuck in her throat that would justify litigation costs. Contact New Mexico med mal attorneys for their opinions - different attorneys could see a given situation differently. Most attorneys in this field offer free initial consults. Good luck to you and to your daughter for a healthy recovery.
Tim Akpinar
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