Q: Can you help: Malpractice, missed pneumothorax Dx resulting in suboptimal respiratory function,quality of life. (15yo)?
Malpractice suit … missed diagnosis of pneumothorax resulting in suboptimal respiratory function and quality of life
Alleged inadequate treatment of upper right chest pain resulting in delayed diagnosis (for my 15 year old son). Location: Kaiser. Chest tube, pleurodsis, 5 days in the hospital. Had been suffering with this pain since March (have all records, communication, Dx, etc)
A:
Under California law, to establish a case of medical malpractice, you must demonstrate that the healthcare provider's negligence caused your son's injuries. This involves showing that the standard of care was breached and that this breach directly resulted in harm. Given that your son experienced ongoing chest pain since March and a delayed diagnosis of pneumothorax, you have grounds to argue that the standard of care was not met.
You will need to provide evidence, such as medical records and communication with healthcare providers, to support your claim. The details about the chest tube, pleurodesis, and the hospital stay are crucial to illustrate the severity of the missed diagnosis. Highlighting how the delayed treatment impacted your son's respiratory function and overall quality of life will strengthen your case.
In California, the statute of limitations for medical malpractice claims is typically one year from the date you discovered, or should have discovered, the injury, but no more than three years from the date of the injury itself. Therefore, it's important to act promptly. Consulting with an attorney who can guide you through the legal process and help you gather the necessary documentation will be essential in pursuing your claim.
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