El Dorado Hills, CA asked in Health Care Law and Medical Malpractice for California

Q: Can I sue a hospital that told me my babies X-rays were fine, asked to recheck X-rays week later telling us broken bones

Our 2 year old fell off chair, we bring him to emergency room for X-rays. They say everything is fine. I can tell a week later it’s not fine, schedule online appointment with his regular doctor. He looks at the same X-rays tells me his clavicle is clearly broken all the way through. My 2 year old sons been playing around for a week and a half with a broken collarbone and possibly shoulder. My other son has brachial plexus palsy from doctors at birth, so I’m frustrated.

1 Lawyer Answer
Tim Akpinar
Tim Akpinar
  • Medical Malpractice Lawyer
  • Little Neck, NY

A: A California attorney could advise best, but your question remains open for three weeks. I'm sorry for your family's ordeal. The most reliable way to answer your question would be to reach out to med mal firms to try to arrange a free initial consult. That's the norm in the industry. If a law firm felt that there was a strong basis for a case they could pursue, they would retrieve the file and review it with a medical professional. I hope your son is okay, but one of the issues a law firm would explore here would be the severity and permanence of damages resulting from failing to identify the fracture, among other possible issues. That would be something requiring a medical opinion(s). I hope your son enjoys a healthy recovery. Good luck

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