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Medical Malpractice/Question if I have a case

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Hi, on Feb 10th we took our 2 year old to Hasbro children hospital. He had 105.7 fever, severe headache, and hadn't peed in over 12 hours  We waited 5 hours to b seen and while waiting they gave him 240mg of Tylenol suppository in one time which is double dose needed for his weight. After all that we were finally seen. Luke had a 103 fever by this point. Dr said he looked great said it was a virus and he was dehydrated and sent us home. The discharge papers said diarrhea and upper respiratory infection which he had no symptoms of either and he verbally told us his bowel and chest sounds were clear. Within an hour of his discharge he was back up to 105.7. By that night he had 107.6 fever. We rushed him South County Hospital. They did tests, put IVs in, stabilized him. They called Hasbro and wanted him admitted immediately. Hasbro said they would. So he was ambulated to Hasbro to b admitted and they told us they don't just admit kids that we had to go thru their ER. So another 5 hours we sat with a barely conscious 2 year old and when they took us in they were just going to send him home after again overdosing him on Tylenol again and then forcing a syringe of motrin another overdose down his throat causing him to choke and hurt his tongue.  I demanded IV, they ran sdomw tests and gave him antibiotics just to shut us up then sent us home again. We went for follow up w on call Dr next day on zero sleep in three days with him battling 105-107.6 fevers. In the rush to get him there and knowing we were going to Boston Children hospital after pedi I slipped and got a concussion along w other minor injuries. Pedi recommended we go to Boston. They ran tests put him on IVs and found  a rampant ear infection. They gave him meds he needed by IV  and within 36 hours he was better. My husband and I lost a week of work due to baby being sick and not properly cared for by Hasbro. I'm losing another week from my concussion. I have to take him to specialist to check his hearing. I'm wondering if we have a case against Hasbro for misdiagnosis and premature discharge, overdosing meds, giving him random antibiotics, torturing him and leaving him in danger w sending him home w high fevers.... Thank u so much.

Answer
Crystalyn,

Sorry to hear about your child's treatment and the circumstances regarding your concussion.

While in theory, your child may have a claim for medical malpractice, the reality is that probably no attorney would take the case.  Since your child has fully recovered, the damages would be limited and the cost to prosecute a malpractice case would be too high to justify any claim.

I think you would also have the same problem with regards to your claim for a concussion.  The malpractice claim would be for your child and it is more disconnected to have a personal claim for you.

I am glad your child is better and I wish you all the best.

Very truly yours,

Paul D. Friedman, M.A., Ph.D., J.D.

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Paul D. Friedman, M.A., Ph.D., J.D.

Expertise

I have been a practicing civil trial attorney since 1989 dealing primarily with malpractice issues. I litigate very select medical malpractice cases on behalf of patients or their families. I am a Certified Civil Trial Specialist by the National Board of Trial Advocacy. I am also Certified in Injury and Wrongful Death by the Arizona State Bar Board of Legal Specialization.

In addition to my law degree, I received a Master of Arts in Bioethics and a Doctorate of Philosophy involving Medical Ethics. Because I am also an Adjunct Professor in Research and Medical Ethics at a medical school, I routinely consult with physicians and hospitals regarding medical ethics issues in an effort to improve patient care.

I can answer questions dealing with medical ethics principles. I can also respond to questions regarding potential malpractice issues.

For more information, you can view my website at WWW.EXPERTETHICS.COM

Experience

I have been a practicing trial attorney since 1989 and I have a masters degree in bioethics and a doctorate of philosophy regarding comparative ethics.

Organizations
State Bar of Arizona
State Bar of Colorado (inactive)
District of Columbia Bar (inactive)
Federal Bar
Licensed in Arizona District Court
Licensed in Ninth Circuit Court of Appeals
licensed in the United States Supreme Court
American Bar Association
National Board of Trial Advocacy
American Association for Justice
Arizona Trial Lawyers Association
American Society for Bioethics and Humanities
Kennedy Institute of Ethics
National Association of Realtors

Publications
A list of my copyrighted publications and presentations is contained at WWW.EXPERTETHICS.COM

Education/Credentials
Bachelor of Arts 1985
Juris Doctorate 1989
Master of Arts in Bioethics 2004
Doctorate of Philosophy 2006

Awards and Honors
Phi Beta Kappa
Multiple Who's Who
Southwest Superlawyers
Top 100 Trial Lawyers
AZ Magazine Top Lawyers

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