Child's medical condition misdiagnosed for several years

[ChrisW]

Jurisdiction

California

Child's pediatrician's routine vision screening procedure consistently missed a major vision problem for several years. Every year (for at least 4 consecutive years), the doctor said her vision was 20/20 in each eye. In late 2019 my child complained of blurry vision in one eye. The doctor performed the same visual test and said there was still no problem. Pediatric eye specialist diagnosed child with severe amblyopia. Specialist confirmed this would have started at birth and my child did not report poor vision until older because she didn't have a basis for comparison of normal vision. Also confirmed this should have been easy to catch on a routine pediatric vision screening that is part of the normal annual check-up. The pediatrician's procedure was insufficient - since hearing about our case, they have changed their procedure to be more rigorous. The earlier treatment begins for this condition, the better the outcome. My child essentially missed the window for early treatment due to pediatrician completely missing the problem for several years.
Do I have a viable legal case against the pediatrician? Or any other avenue of recourse? My child now has to see an eye doctor on a regular basis for lifetime, wear glasses, possible restrictions on future driving or careers, possible surgery. All of these financial and time consequences could have been mitigated by early intervention.

 

[adjusterjack]

I suggest you consult with 2 or 3 medical malpractice attorneys and review your options. Do it quickly as there may be an issue with the statute of limitations.

Google California medical malpractice statute of limitations and you'll see what I mean.

If it looks disappointing see a lawyer anyway.

 

[zddoodah]

Child's pediatrician's routine vision screening procedure consistently missed a major vision problem for several years.

How old is the child now?

Pediatric eye specialist diagnosed child with severe amblyopia.

I assume this diagnosis occurred sometime after "late 2019[, when your] child complained of blurry vision in one eye," but when exactly did this diagnosis occur?

Do I have a viable legal case against the pediatrician?

We have no way of evaluating the substantive merits of the case, but a lot will depend on when you first "discover[ed], or through the use of reasonable diligence should have discovered, the injury." Cal. Civ. Proc. Code section 340.5. Also, that same statute will preclude recovery for any malpractice that occurred more than three years before any lawsuit you file unless you can prove fraud or intentional concealment by the pediatrician.

Or any other avenue of recourse?

You can always file a complaint with the California governmental entity that licenses physicians.

I suggest you consult with 2 or 3 medical malpractice attorneys and review your options.

Agree.

 

[ChrisW]

Child now age 9. Had routine annual vision screening from age 1 to 7 with same pediatrician.
Diagnosed with amblyopia by pediatric eye specialist in September 2019 (age 7).
No fraud or intentional concealment. Pediatrician admitted to me their screening procedure was poor and made changes based on our case.
Thank you for reading and commenting - much appreciated.

 

[zddoodah]

Diagnosed with amblyopia by pediatric eye specialist in September 2019 (age 7).

Then you're going to have a statute of limitations problem, but it wouldn't hurt to consult with an attorney anyway.