Shreveport, LA asked in Medical Malpractice for Louisiana

Q: Son suffers from excessive vomiting daily and development. Dr said normal for vomiting, autism. Son tested positive LEAD

Repeatedly expressed concern at every visit my son pukes daily, doc said it’s normal. Can’t speak in sentences at 2 and obsessive about autism evaluation. No other signs but speech delay. Even points out that my son can do things that autistic children 100% cannot do, but insist he gets evaluated. Son is making progress in speech therapy but puking continues. Seen a different doc and they were alarmed and tested for lead and it came back positive. Seeking help (medically) but upset with his doctor ignoring the vomiting and just prescribing medication for vomiting. If he has permanent damage, does this fall under any type of medical neglect? 3 years of vomiting everyday and not a single test?

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1 Lawyer Answer

A: Yes it could be malpractice. Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did. Here the question is what was the standard of care with the symptoms presented.

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