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
Answered
  • 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

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.