We are in Ohio.This involves our 6year old daughter. To make a long story short, our daughter had strep throat, we took her to her doctor for a follow-up to make sure it was gone. a week later we were called back with the results . they were outragous,her doctor refused to do a 2nd swab to make sure the results were correct. she actually said" lab results dont lie". we immediatly took her for a 2nd opinion at the hospital.3 days later those results all came back negative. as did the test done on myself and my wife. a 3rd test on my daughter by another specialist also came back negative. he even stated " lab errors happen more often than people like to admit"and"no way has your daughter been abused". and that the first doctor was "very unprofessional and wrong in her actions".The first doctor even percribed the wrong medication.After going thru all the humiliation with children services, the letter they sent stating their investigation was closed, the letter was worded like somthing had acually occured to our daughter.I called them about their letter, they proceeded to inform me they couldnt close the case stating it was a lab error..Why are they protecting the first doctor? we had 2 other tests done that were negative.I contacted a local attorney who informed me it would cost about $30 to $50 thousand to persue this, which we cant afford.i contacted pro-bono attornies who refuse to take it.This was absolutly humiliating to our family, we have 3 children and thought we were raising our family right,and were good parents. Should i look for an attorney out of town? or if you know of any that would take this pro-bono please let me know.something needs to be done so this doesnt happen to another family.I was told that the Doctor could sue me for slander.Well what about us being slandered, mental anguish, humiliation?? Thank-you...
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Medical Malpractice Lab error almost tore us apart.....
- Thread Starter toddtrk
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I'm glad to hear your daughter is feeling better but I'm not sure I understand - what do you want to sue the doctor for? Not agreeing to take a second test for strep throat just to make sure the first test was correct? I'm sure that if you were willing to pay for it the doctor would perform it although I'm guessing this might be an insurance issue?
Look at it this way - what if every parent had the same tests performed 3 times just to be sure the test results were correct? How much would it cost in actual dollars? Insurance would probably not be affordable.
Another question - Did your daughter seem to have any symptoms to suggest that a second test was warranted? If not, what do you want to sue the doctor for? You could always take your daughter to another specialist and simply call the insurance company and tell them about your dissatisfaction with the doctor. Suing him? For how much damages? For the cost of taking time to go to a second doctor?
I hope I don't sound like I'm being unreasonable but I'm either missing a large part of your case here, and you sound anguished, or perhaps you may want to consider what I'm saying and think about it.
Look at it this way - what if every parent had the same tests performed 3 times just to be sure the test results were correct? How much would it cost in actual dollars? Insurance would probably not be affordable.
Another question - Did your daughter seem to have any symptoms to suggest that a second test was warranted? If not, what do you want to sue the doctor for? You could always take your daughter to another specialist and simply call the insurance company and tell them about your dissatisfaction with the doctor. Suing him? For how much damages? For the cost of taking time to go to a second doctor?
I hope I don't sound like I'm being unreasonable but I'm either missing a large part of your case here, and you sound anguished, or perhaps you may want to consider what I'm saying and think about it.
Law professor thanks for your opinion....this was the first post that didnt go thru it got caught in yor spam web... i posted another titled " cant find an attorny" i think under general law.. anyway, you are missing alot, cause i left alot out of this post.. The 2nd swab test to see if strep was gone came back that our 6yr old daughter had gonnohra(STD), in her throat..that when i told the doctor to do another swab cause it had to be wrong... doctor refused just shook the paper at me saying "lab test dont lie". The doctor never called children services til the next morning when she found out we were at the hospital getting a 2nd opinion.. which all came back negative. This whole thing would have been avoided if doctor would have done the other swab, like i asked her to do. The lab is also at fault, cause the doctor is going by the labs findings. the lab discarded the swab so we had no way of knowing it was even our daughters, cause police investigator wanted to do DNA on it.The whole case is closed now, we proved our daughter never had it, was never sexaully abused, and that we never had it. im the only male figure in our household so of course all eyes were on me that i did something wrong.We have 3 daughters, for someone to think i would hurt one of my kids just kills me.Mental anguish, humiliation, your damn right..this was a nightmare. the police investigator agreed that this is now a civil matter, even referred me to an attorny... we will see what happens.. thanks..
Ok I was confused by your first post because you left out the STD in it.
Your daughter though was NOT injured. It is impossible to prove malpractice since she was not injured. This lab error may have caused you some grief with social services, but your daughter was not physically injured.
If an attorney is telling you you have no case, they are probably correct.
Yes lab errors do happen but 99.9% of the time they are correct.
If you believ the DR was unprofessional, file a complaint with the medical board.
Your daughter though was NOT injured. It is impossible to prove malpractice since she was not injured. This lab error may have caused you some grief with social services, but your daughter was not physically injured.
If an attorney is telling you you have no case, they are probably correct.
Yes lab errors do happen but 99.9% of the time they are correct.
If you believ the DR was unprofessional, file a complaint with the medical board.
Thanks for your reply, i did file a complaint with medical board. a man from there was here a month ago for us to sign paperwork for them to have access to our daughters records.he was completly shocked and blown away, kept saying this should have never happened, and how sorry he was for us to have to go thru this. i totaly agree we proved there was no injury to our daughter.. but when doctor says "someone stuck their penis in your daughter mouth".and we proved her accusations wrong, that i did nothing to my child, i should be able to sue her and the lab.the doctor knew she was wrong, she wouldnt even return our phone calls, i kept calling about getting this removed from our daughters medical record that she never had it, but it states she did.my daughter was subjected to numorous examinations, which were all negative.as parents we also had to be tested for the STD,
which also were negative. mental anguish and humilation is considered an injury, what we were accused of turned out to be false. and could have been avoided with the other lab test that i requested, that the doctor refused to do. i also spoke to the lab, i asked them "if you get a suspicous result, cant you request anther swab from the doctor", in which the lady said "yes".. I told her its not everyday a 6yr old gets gonnohrea in her throat, thats suspicous. why wasnt another one done.all she said was "i dont know".
HAVE YOU TRY TO FILE A PRO SE.
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