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  • malpractice: should I sue for the pain?

    My 6 month old daughter went for her regular check up with her pediatrician & there was an intern checking her out, well he checked ear with an otoscope and he pushed it down to far in her ear and hurt her. I let it go because I thougnt well hes a doctor and if he done any damage he would help her or let me know. Well when we get home I notice her tugging at her ear. Then I notice she wouldnt stop. She starts crying for hours at a time & I cant hardly sooth her it hurts so bad. I started giving her tylenol and ibp and it helped just a little bit.well then I took her back to the doctor and he said her ear was red/irritated. So he gave her antibiotics. Well it wouldnt go away, when went back to the doctor she had another infection. Once again they gave her antibiotics. Well this has been going on for about 5 wks. I took her back to the doctor a couple days ago and once again another infection! He prescribed her antibiotics again. Then I told him what the intern had done, he brushed it off as it was nothing, he just said that he is glad i told him. If it were a simple infection the antibiotics would have cleared this up the first time..well when he left the room he immediately went to another doctor and they were talking about something. Could have just been an coincidence but when i got home he called my house and told me he called in the wrong medicine. That he wanted to call her in something really strong. Can I do anything about this? I honestly believe it was because of the intern for my babys pain. None of this started until after he had done that!!! Is there anything I can do about this? Can anyone help..And arent the doctors supposed to report an accident when something happens in their office I though by law they had to & he didnt.
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    should I sue for the pain of my 6 month old baby girl
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    should I not do anything about them hurting my 6 month old baby girl
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    The poll is expired.


  • #2
    re: malpractice: should I sue for the pain?

    You do not appear to have any confirmation anything actionable was done. I suggest you consult a med-mal attorney for an opinion on the specifics of your case.
    Due to a recent promotion, I should now be referred to as Major Obvious.

    I would not be trying to provide information and knowledge if I did not sympathize.

    Some days it is just not worth chewing through the restraints to face life.

    Comment


    • #3
      re: malpractice: should I sue for the pain?

      Originally posted by ravens52 View Post
      My 6 month old daughter went for her regular check up with her pediatrician & there was an intern checking her out, well he checked ear with an otoscope and he pushed it down to far in her ear and hurt her. I let it go because I thougnt well hes a doctor and if he done any damage he would help her or let me know. Well when we get home I notice her tugging at her ear. Then I notice she wouldnt stop. She starts crying for hours at a time & I cant hardly sooth her it hurts so bad. I started giving her tylenol and ibp and it helped just a little bit.well then I took her back to the doctor and he said her ear was red/irritated. So he gave her antibiotics. Well it wouldnt go away, when went back to the doctor she had another infection. Once again they gave her antibiotics. Well this has been going on for about 5 wks. I took her back to the doctor a couple days ago and once again another infection! He prescribed her antibiotics again. Then I told him what the intern had done, he brushed it off as it was nothing, he just said that he is glad i told him. If it were a simple infection the antibiotics would have cleared this up the first time..well when he left the room he immediately went to another doctor and they were talking about something. Could have just been an coincidence but when i got home he called my house and told me he called in the wrong medicine. That he wanted to call her in something really strong. Can I do anything about this? I honestly believe it was because of the intern for my babys pain. None of this started until after he had done that!!! Is there anything I can do about this? Can anyone help..And arent the doctors supposed to report an accident when something happens in their office I though by law they had to & he didnt.
      There is nothing in your story that points to malpractice.

      It sounds like your child has a severe ear infection which easily explains the ear pain she's having. Some children respond well to certain antibiotics, and don't respond to others. There are also some infections that are resistant to certain antibiotics. Given that your child keeps being switched to a different medication, one of these explanations is the likely culprit for the ongoing problem.

      As for the intern causing the pain, it's possible that her ear canal was already swollen and pushing the otoscope in as far as they did may have irritated the already swollen membranes. If any kind of injury was caused by the intern's actions, it likely won't be discovered until such time as the infection clears up and the swelling goes down considerably.

      If the infection and pain persists after your child has finished the current course of antibiotics, then I would insist on having her examined by an ENT (ear, nose, and throat) specialist.
      "If it ain't in writing, it never happened."
      "A lack of planning on your part does not constitute an emergency on my part."
      "You can never make the same mistake twice, because the second time you make it, it's not a mistake, but a CHOICE."

      Comment


      • #4
        re: malpractice: should I sue for the pain?

        That is what I thought also Sandy. OP did not indicate any of the documented medical evidence and ear looking is common during an office visit.
        Due to a recent promotion, I should now be referred to as Major Obvious.

        I would not be trying to provide information and knowledge if I did not sympathize.

        Some days it is just not worth chewing through the restraints to face life.

        Comment


        • #5
          re: malpractice: should I sue for the pain?

          Her ear wasnt swollen before because he a id she was fine at the time. But thank you all for the response. I really just wanted to know if I could get her doctor bill charges taken care of if the intern were at fault. I appreciate it, any information helps.

          Comment


          • #6
            Also by law arent doctors supposed to report an injury if something happens in their office?

            If you would have seen him jabbing that otoscope down her ear and her letting off those awful screams it would have been horrible. I guess i am juzt a little mad about this. No one wants their baby hurt by someone thats supposed to take care of them.

            Comment


            • #7
              re: malpractice: should I sue for the pain?

              Hence the reason I suggested you seek a med-mal consultation if you feel she suffered an injury that should be compensated. You should also consider, absent real ear drum damage you will put your family into a position no doctor will treat you. From experience, my doctor is not always the sharpest or the best. He has made mistakes I suffered for. He also made every reasonable attempt to keep gluing me back together so I could work and support my family. When I finally became so physically and mentally disabled I could no longer work, he went out of his way to assist me with obtaining disability.
              Due to a recent promotion, I should now be referred to as Major Obvious.

              I would not be trying to provide information and knowledge if I did not sympathize.

              Some days it is just not worth chewing through the restraints to face life.

              Comment


              • #8
                Re: malpractice: should I sue for the pain?

                Children's ear infections can be notoriously hard to get rid of. This is the reason that many children end up with ear tubes. You can blame the increase in ear tube on two things primarily. One good, one bad.

                1. We have much better health care than we used to have. Even a hundred years ago, many children suffered permanent, life long injury to their hearing because of ear infections. That seldom happens in the modern world. Many time, children who have tubes and can drain fluids suffer few or no infections.

                2. Severe overuse of antibiotics in our populations and in our animal populations have created more infections that are harder to get rid of. Some of these new infections can be deadly. If you are a parent with a small child that see's a pediatrician you will probably walk away more than once questioning why your child wasn't given antibiotics. The answer is that the pediatricians know that your setting a child up for a much more serious infection down the road when you treat everything with a dose of antibiotics.

                As for your child having increased pain, ear infections can be very painful. Have you never suffered an ear infection? I have and let me tell you, they hurt really bad. I ran a fever, my ear felt like it was going to explode and take most of my head off in the process.

                Basis for my statements
                I've been an R.N. for over 20 years with knowledge of healthcare from birth to grave.
                "All I can say is, next time don't poke it."

                Are we back in high school. I'm to old, to play so you should go play with yourself..

                R.N. with 20+ years in the healthcare trenches,

                Comment


                • #9
                  Re: malpractice: should I sue for the pain?

                  Originally posted by ravens52 View Post
                  My 6 month old daughter went for her regular check up with her pediatrician & there was an intern checking her out, well he checked ear with an otoscope and he pushed it down to far in her ear and hurt her. I let it go because I thougnt well hes a doctor and if he done any damage he would help her or let me know. Well when we get home I notice her tugging at her ear. Then I notice she wouldnt stop. She starts crying for hours at a time & I cant hardly sooth her it hurts so bad. I started giving her tylenol and ibp and it helped just a little bit.well then I took her back to the doctor and he said her ear was red/irritated. So he gave her antibiotics. Well it wouldnt go away, when went back to the doctor she had another infection. Once again they gave her antibiotics. Well this has been going on for about 5 wks. I took her back to the doctor a couple days ago and once again another infection! He prescribed her antibiotics again. Then I told him what the intern had done, he brushed it off as it was nothing, he just said that he is glad i told him. If it were a simple infection the antibiotics would have cleared this up the first time..well when he left the room he immediately went to another doctor and they were talking about something. Could have just been an coincidence but when i got home he called my house and told me he called in the wrong medicine. That he wanted to call her in something really strong. Can I do anything about this? I honestly believe it was because of the intern for my babys pain. None of this started until after he had done that!!! Is there anything I can do about this? Can anyone help..And arent the doctors supposed to report an accident when something happens in their office I though by law they had to & he didnt.
                  See another doctor! The intern may have damaged the child's inner ear which could cause more than infection and pain, but deafness.

                  See an ear, nose, throat specialist to examine your child.

                  Then you will know what course to take.

                  Comment


                  • #10
                    Re: malpractice: should I sue for the pain?

                    There will be no way to tell if the Intern caused an injury. Many times a kids eardrum will rupture because of pressure behind the eardrum from the infection, This often happens even with antibiotics. My son suffered this and had to have a total of three sets of tubes in both his ears over the ages of 1-5. The last set was a permanent set that had to be removed at age 8. Surprisingly, once the eardrum ruptures, the child will usually stop having pain and the infection behind the eardrum will drain and heal, Many people have this happen,

                    Sometimes, it later requires the Ear, Nose and Throat Doctor to repair or attempt to repair it but many times it grows shut on it's own. I've seen adults with severe scarring and some hearing loss that is probably from repeated damage. However, even when I was the Administrator at a small, local Health Department I could do audiological tests and send even the poorest child for follow up.

                    There are however, very proud people out there. Those parents don't always want to admit that they need help or think they can't get help (with good reason. Because they often could not.) I understand that and I have been there. Those kids sometimes slipped through the cracks.

                    I don't see how any lawyer, doctor, or court could determine that damage was related to an intern who injured the ear drum because the eardrum is actually very fragile and can be damaged any number or ways. I think it is far more likely that because the post creators child had a bad ear infection, examination with the otoscope caused severe pain.
                    "All I can say is, next time don't poke it."

                    Are we back in high school. I'm to old, to play so you should go play with yourself..

                    R.N. with 20+ years in the healthcare trenches,

                    Comment


                    • #11
                      Re: malpractice: should I sue for the pain?

                      I agree with most of the comments that it would be difficult to prove that the intern was at fault. As a parent however your gut instinct is often right, so if I were you I'd get a second opinion or even change drs. That way you don' have to worry every time you take your daughter for a check up or appointment

                      Comment


                      • #12
                        Re: malpractice: should I sue for the pain?

                        Originally posted by JoeA View Post
                        I agree with most of the comments that it would be difficult to prove that the intern was at fault. As a parent however your gut instinct is often right, so if I were you I'd get a second opinion or even change drs. That way you don' have to worry every time you take your daughter for a check up or appointment
                        I agree Joe. Anytime your just not comfortable with what your being told by a provider you should go for a second opinion.
                        "All I can say is, next time don't poke it."

                        Are we back in high school. I'm to old, to play so you should go play with yourself..

                        R.N. with 20+ years in the healthcare trenches,

                        Comment


                        • #13
                          Re: malpractice: should I sue for the pain?

                          Originally posted by ravens52 View Post
                          My 6 month old daughter went for her regular check up with her pediatrician & there was an intern checking her out, well he checked ear with an otoscope and he pushed it down to far in her ear and hurt her. I let it go because I thougnt well hes a doctor and if he done any damage he would help her or let me know. Well when we get home I notice her tugging at her ear. Then I notice she wouldnt stop. She starts crying for hours at a time & I cant hardly sooth her it hurts so bad. I started giving her tylenol and ibp and it helped just a little bit.well then I took her back to the doctor and he said her ear was red/irritated. So he gave her antibiotics. Well it wouldnt go away, when went back to the doctor she had another infection. Once again they gave her antibiotics. Well this has been going on for about 5 wks. I took her back to the doctor a couple days ago and once again another infection! He prescribed her antibiotics again. Then I told him what the intern had done, he brushed it off as it was nothing, he just said that he is glad i told him. If it were a simple infection the antibiotics would have cleared this up the first time..well when he left the room he immediately went to another doctor and they were talking about something. Could have just been an coincidence but when i got home he called my house and told me he called in the wrong medicine. That he wanted to call her in something really strong. Can I do anything about this? I honestly believe it was because of the intern for my babys pain. None of this started until after he had done that!!! Is there anything I can do about this? Can anyone help..And arent the doctors supposed to report an accident when something happens in their office I though by law they had to & he didnt.
                          At the end of it, anyone would be protective about their baby. Consult a med-mal consultation, if you really feel it is a malpractice.

                          Comment

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