Merced County, CA Personal Injury Law Firms & Lawyers

It depends on the type of injuries you suffered. You do not want to try to settle a case until you are confident that you are better, or you know what the outcome of your injuries will be. On the other hand, if you are all healed up, you can move ahead and try to settle the claim.

In order to determine if you have a case for med mal, you first need to get the original abdominal xrays and Ultrasound. Have them read by another physician w/ expertise in radiology. If the condition is displayed, but misread by the original physicians, you could have a good case of medical malpractice. But, you also have to show that you were "damaged". At this point, the only damage appears to be the 3 days delay between hospital no. 1 and no. 2, when they made the correct Dx. He received treatment for the condition, and I doubt that there will be any greater permanent damage, other than the condition itself. Of course, since your baby already had the condition, you will not be able to recover for that. You would have to show that the extra delay of 3 days caused an "aggravation" or permanent worsening of the condition. That may difficult with pyloric steno-sis. Also, for an infant, there are no lost wages or other economic damage involved. I realize this is frustrating, and it looks like the first set of docs really did misread the studies. But the reality is that these kinds of minor mistakes are made all the time, most of the time fortunately without serious or long term damage, as in your case. You might try to find an attorney to represent you. However, most juries are very sympathetic to the doctors; they love the doctors. So Med Mal recoveries are down, which in turn means that most attorneys wont take a case unless you have substantial damages, over $250,000. I hope your baby has improved.