Medical Malpractice Attorneys and Lawyers

Should I sue for medical malpractice and/or wrongful death in the case of my one month-old daughter?

She was diagnosed with a heart murmur during her first check-up. She was referred to a radiologist, who found two holes that hadn't closed right after birth (which happens in normal kids). We were sent to another radiologist for a follow-up/confirmation (a different radiologist because the first stopped accepting medicaid insurance), and were told that everything was fine and to come back in one year. One week later, my little girl didn't wake up from her nap and couldn't be revived at the ER. First: Do I have a malpractice lawsuit? Second: whom do I sue- the radiologist or the cardiologist who saw the results of the radiology?

Public Comments

1. I'm so sorry that you lost your baby! I can not even imagine how that may feel. I would consider it an act of GOD! Doctors are human and can not be responsible for every death they come in contact with.
2. I am so sorry for your lost!!!! If I was you I would sue everyone, espeacial the radiologist that told you guys to come back within in a year!!!! I hope you guys win the law suit!!! My prayers are with you and your family.
3. you might have a case and you would sue the person who told you to wait a yr but you might not to because they will probley say you should of got a second opinion but im not a person to tell you you need to go to a lawyer they give you a consultation for free they will tell you if you have a case or not good luck im sorry to hear that
4. Sorry for your loss. Did the coroner confirm that is what she died from was the heart murmur? If that is what the cause was then you may have a case. Check with a malpractice lawyer and they will help you.
5. If an autopsy was done and it was found that she died directly from complications with her heart, and it could have been prevented with treatment, then you have the right to sue. I'm so sorry. I live in fear that something will be wrong with my kids and I will loose them.
6. I have NO idea! What would the point of a law suite be? You can not recoup your losses, there is no dollar value. She will always be priceless. My thoughts are with you and her mother.
7. If the holes were being monitored and had been viewed by two different radiologists, then it would be hard to know for certain that they were the cause of death. As you were told, it is very normal for newborns to have a hole in their heart, and unless they are so numerous, or so large that theres back-flow or no hope of them closing, they pose no serious risk. Its quiet possible that there was some other cause, even something as benign as SIDS. I would order an extensive autopsy and if indeed the cause of death is obviously the heart condition I might consider sueing. In most cases you file against the company that employs the doctor. Usually the hospital or agency they work with. But in some cases you can sue the doctor directly. However, suing is not going to bring you your daughter back, nor help you feel any better about it. It was not malicious, it was unfortunate and probably unavoidable. You need to, along with all else, seek some serious therapy for your loss. This is a wound that is hard to heal, and only time and more time will do anything for it. I am so sorry.
8. the hospital
9. OMG! I could not imagine going through that I am so sorry to hear. I would sue the second radiologist because he is the one who gave the wrongful diagnosis. Sounds like he was just in it for the money and didn't do a thorugh exam. You poor thing I am really sorry yet again. :( That just makes me want to cry.
10. I am so sorry for you loss! However i don't think that suing is going to make you feel any better. I think that you should contact the medical board and make a formal complaint so that maybe these people aren't able to make the same mistake again, but i don't think that suing is the right way to go! I wish you all the best with your grieving!!
11. I think you are acting this way because you lost your baby and you want to point the finger at who did it. It was just her time to go even though it was very short. If you were to sue, you would just go through more heartache and a kick in the face about the situation. People get sue crazy especially when it involves death. When I was preg. w/ my son they found he possibly had VSD )septum disorder.. septum in heart wasnt closed. I went to many ultrasounds to monitor the blood flow and they then ruled it out. They did however, say for his pediatrician to check at each check up. He knew, listens to his heart and now, at 9 mths, doesnt even mention it. Some people live with a heart problem such as that with not even knowing and live. Some dont. Are you certain she passed due to the heart problem. SIDS is a factor too. Very sorry for your loss. Try to find a way to cope and heal from this loss and I'm certain you will not just put it behind you and move on. Let the grieving process takes its toll and then go on with life and know she is at a better place. Start a new family and try for another.
12. I think you got the brush off because of Medicaid. I had to out my daughter on it temporarily when my husband changed jobs. I could definitely see a difference in the way I was treated and the amount of care she got. I say sue.... so sorry for your loss