Medical Malpractice False Accusation of Non Accidental Head trauma

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katrinajaj

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My jurisdiction is: Georgia

My nightmare started 2 Saturdays ago when my infant son had what I believe was a seizure. By the time the paramedics arrived it was over but I still took him to the hospital. While there I was told by a doctor to video tape the next time he has one and basically they was going to send him home. After explaining to her that there is no way that I can video tape a seizure if it is spontaneous and I wanted something done before I left she then spoke with another doctor who ordered blood work and a abdominal x-ray. Afterwards, my son was sent home with NOTHING and a diagnosis of unknown abdominal pain and to see a neurologist within the next 3-4 days despite the fact that the chief complaint clearly states that his body had stiffened and then went limp which was the reason for his visit.

That following Monday I took the E.R. paper to his pediatrician's office and requested a referral to the neurologist that the hospital suggested. Before it's approval the pediatrician wanted to see my son. On Wed. the pediatrician saw him and scheduled him for a c.t. scan the following Friday and a sleep deprived e.e.g. the Friday after next. He also mentioned that he was surprised that the hospital didn't do more than what they did.

On that Friday I took my son to his c.t. scan. He screamed the entire time because he didn't like being held down. I knew that any slight movement could affect the results and asked the c.t. technician twice, if she was sure that she got a good image. She reassured me that she did. Shortly after arriving home I received a phone call from the pediatrician office telling me to come as soon as possible. Once I got there, the doctor came in the room and told me that my son is having seizures (i figured this) BUT then he proceeds to ask me if anyone else has been caring for him and if we've been in an accident because my son's c.t. scan reveals a fracture and bleeding on the brain. He then told me to go directly to the pediatric department of the hospital because they are expecting us and that we will see alot of doctors during the next 24 hours.

After arriving to the hospital we were introduced to two doctors who immediately started asking about who cares for my son, who lives at home, and has he fallen recently. Then they started examining him . My son was admitted shortly after. I explained to them that their is no way that my son could have gotten injured because he is never out of my sight.
Everytime a doctor would come in the room they would ask me to tell them what led to me coming to the pediatrician department. After telling them I would ask questions about the fracture and bleeding. One doctor told me that it was a small fracture and even pointed to the right side of his head and said "you can even see it right here". She then told me that my son will have x-rays taken of the entire body to check for broken bones and an opthamologist will check his eyes for bleeding related to the shaking baby syndrome. She told me that they weren't trying to accuse me of abusing my child and I replied "O! I'm not worried about that because I know that I haven't done anything."

A few hours later, a neurosurgeon came into the room and stated that he was going to be straight forwarded with me and that he wasn't sure that my son had a fracture or bleeding because motion was detected on the image. He then told me that he was going to order another c.t. scan. I asked him "SO, CAN WE EXPECT A C.T. SCAN WITHIN THE HOUR"? and he replied, "O, WE'RE NOT IN NO HURRY". My mother kept my son while I went to the cafeteria to get us some lunch. While gone my mother stated that the nurse came in the room and asked where I was at. My mother answered her and then said "Why is it taking so long for you all to treat my grandson"? The nurse then replied that the doctors have got to get together and discuss things and then she ask my mother if she noticed anything strange with my son or going on in the house.

At 3:30 p.m. my son got another c.t. scan. This time he was calm and still. A hour later a new doctor came in the room and said that the 2nd c.t. was normal and there was no fractures are bleeding. When I asked about the seizures that he has been having, I was told to just keep his e.e.g appointment. We were discharge at around 5:30 p.m. with a diagnosis of NON ACCIDENTAL HEAD TRAUMA R/O (R/O= RULED OUT). That entire visit was for speculation of me being an abusive parent NOT finding the causes of my child's seizures. I'm a nurse, so I understand that they had to rule out that possiblity and was just doing their job but 1. Why did they send us home with NON ACCIDENTAL HEAD TRAUMA written on his discharge papers once they realized that the first c.t. scan was an error. 2. Why didn't they perform a second c.t. scan before making abuse accusations? and 3. Why has NOTHING still been done about my child's seizures.

I am very hurt and angry. I was led to believe for hours that my son was very ill. I am a very protective parent (I never let my kids outside without adult supervision, my 8 year-old is still in a booster seat , my 4 year-old remains in a harness, and my infant will remain rear-facing as long as possible and I don't believe that my two older kids would be as opinionated as they are if I was an abusive parent), so to have the words NON ACCIDENTAL written on my child's records is like a slap in the face. If I ever have to take my baby to the hospital again, that is going to come up when they look up his records (God forbid I have to take him to the E.R. for an injury). I haven't been able to sleep well since this happened.

Today I recieved a call from from the neurosurgon's office stating that he would like to see my son for a follow-up and would like to schedule a 2nd c.t. scan because he believe motion was detected in the image. That is what was said, ordered, and performed in the hospital (the 2nd c.t. scan), so why is it that I'm getting this call. I explained to his receptionist that my son was released from the hospital because he had already had a 2nd c.t. scan and the results were normal.

I checked my son's discharge papers and next to the physicians signutare is the time 14:20. How was it possible for him to sign the discharge papers at that time if my son didn't have the c.t. scan until after 3 o'clock and wasn't released until after 5 o'clock?

** The reason for the first c.t. scan was to discover if my son was having seizures. **

Please tell me what to do?
 
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All you can do is follow the Dr's orders and be cooperative. If they have not called social services, that is good so far. You have to understand that head trauma in infants is often very hard to diagnose and very serious and they have to know what happened. Who cares for the boy is very important to try and determine what has happened. Where is the childs father? Who cares for the baby anyone else but you and grandma? Most shaken baby happens by someone who is a non relative or no parenting experience. That is why the Dr's are asking you these important questions. If the baby is left with a boyfriend or a step-dad suspicions go up big time.

Since social services appears to not be involved now, I do not have much advice for you but to cooperate. If social services is called, talk to the case worker and be as cooperative as possible.
 
My husband is deployed, so I am the only adult who cares for our kids at this time. My mother came to help after my son had his seizure and has since went back home. The reason for the first c.t. scan was to determine if he was having seizures. Upon reviewing the exam, they gave my son a diagnosis of NON accidental head trauma even after they discovered that the first c.t. scan was FALSE. My child does NOT have a fracture or bleeding anywhere on his brain (like they first thought and said). They placed accusations before ordering and performing the second c.t. scan. They solely put their faith into false readings on a c.t. scan and treated me like a criminal. The didn't have no proof of abuse other than an INACCURATE c.t. scan, so calling social services would've been unjustifiable. My kids are cared for by me ONLY, I don't trust just anyone with my kids and I don't spank my kids. I understand that they were doing their job but they should have changed the diagnosis once they found it was false. THERE WAS NO HEAD TRAUMA AT ALL. The fact they allowed that to stay as a diagnosis after the second c.t. scan prove it wrong just angers me.

Thanks for the reply :)
 
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That entire visit was for speculation of me being an abusive parent NOT finding the causes of my child's seizures.

Actually, as I understand your story, that entire visit was because the first (moving) CT scan detected a fracture and bleeding on the brain and your son was having seizures. When he failed to match other symptoms, they did another scan that revealed no such damage.

Legally, I be very surprised if you have claim against the hospital for any damages. There is no "diagnosis" of non-accidental head trauma - that was ruled out. Allowing it to remain on your record doesn't harm you, and what's more, I would expect them to be required to keep it there for the sake of completeness.
 
Thank you both for your replies. I was worried that the words NON ACCIDENTAL remaining on his record would be damaging if he ever had to visit the ER with an actual injury in the future. :)
 
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