… a kind of Legal Column

Doctor wrong now can I sue?

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Q  OVER the past three years my seven year old daughter has been suffering from throat and ear infections. The doctors eventually decided to take out her tonsils which was a traumatic ordeal for her. About three weeks after the operation her prior symptoms returned as bad as ever. Obviously taking out her tonsils was not the answer to her problem. Would you advise me to pursue a medical negligence claim against the doctor for carrying out this procedure at great financial cost not to mention the pain and suffering to my daughter.

A  NO  I would not recommend that you pursue the Doctor treating your daughter for medical negligence. Children suffer from many diseases and your doctor is the competent expert to diagnose and treat her correctly. He would not have taken her tonsils out, especially nowadays, unless he decided it was essential and in the child’s best interest. You must rely on the professional expertise of your doctor. In the unlikely event that your doctor misdiagnosed your child’s condition and she suffered as a result of his negligence you may be entitled to sustain an action against him due to his professional negligence. The proofs necessary to sustain such an action are onerous but a good Personal Injury Solicitor would be able to help you should you be the victim of medical negligence.

THE STAR, Friday January 19, 1990

Written by LegalEagleStar

January 2, 2011 at 4:46 pm

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