What can I do if my child was misdiagnosed by a doctor?

My child was diagnosed with a double ear infection at 7:30 am. At 10:00 am, the doctor said there was no sign of ear infection. However, I told the doctor he was complaining of a belly ache not his ears. Antibiotics were given which made his belly ache even worse. My child had to be in constant pain when the first step that should have been taken was an x-ray which he didn’t receive until a third visit to a separate ER. He in the end was misdiagnosed and rushed out of the first visit at a separate hospitals ER.
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Answered By: Joel H. Schwartz, P.C.
The simple answer to your question is not much. Even if you could prove malpractice, that is, the doctor used substandard care with your son, the case would not be worth pursuing. In order to establish negligence, you would need to hire a medical expert that would cost thousands of dollars. You would have a 2 to 3 year litigation process that would be very costly. In the end, your son's pain and suffering would not be worth the cost of a lawsuit. Unfortunately, you must use an economic analysis with this and it just doesn't make sense for you to spend the time and money. I wish I had better news for you, and I am sorry to hear about your son's suffering.

Answer Applies to: Massachusetts
Replied: 10/19/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Attorney Paul Lancia
You should see a lawyer that specializes in Medical Malpractice and don't represent yourself in court

Answer Applies to: Massachusetts
Replied: 10/18/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

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