If the doctor misdiagnosed my children, what should I do?

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If the doctor misdiagnosed my children, what should I do?

Two of my child (15 year old and 5 year old ) had fever for 3 days. I took them to a clinic and paid $160 for the visit since they don’t receive my insurance. The doctor said their lungs were clear and the fever was caused by the throat. He prescribed some medications. Those medications are expensive, so I did not buy them. A few hours later, I took them to the ER and the ER doctor diagnosed the with aspiration pneumonia. I don’t know what to do right now but I would like to at least get my money back.

Asked on July 5, 2012 under Malpractice Law, New York

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You need to speak with an attorney if you feel that the few hours severly impacted their health.  The problem there will be in the proof. You can bring the diagnosis to the doctor's office from the new doctor and demand your money back.  I don't believe you will get anythiing out of a lawsuit but you can file complaint against the doctor with the state medical board.


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