medical malpractic?

What is the name of your state? nc
my son had a sleding accident in febuary. he slid into a log and jabbed a peice of the branch into his head above his ear. we took him to er they put 3 stitches in his head. we took him back in 7 days and had them removed. 3 weeks later he had this cyst looking place come up at the site. i took him back to the er. the said it was some sort of tissue and referred me to a surgeon to have it removed. the surgeon set up the surgery. when he cut into the place he found a stick about one inch long and as round as your pinkie. can we sue the er and if so what do we ask for.

You can sue the ER physician. If the doctor was working for a firm that supplies licenses to a hospital emergency department you should sue the firm. The doctor may not be a qualified emergency department physician, and that will make your case better.
The problem that may remain in your case is in the damages. Malpractice cases, like all tort cases, depends on damages almost more than negligence. Damages are the loss of money, the ability to earn a living, or other MONEY loss. Your son is young, and he may have no residual injury once his wound heals. You will have great difficulty in showing damages, that is, a money loss. However, you should be certain within a few weeks of his recovery from the wound to have him tested. Perhaps your school system has a qualified person who does the testing for schools. Ask your school's pricnipal to refer your child to this psychologist for complete testing. Complete testing of a child includes not only the IQ, but tests like the WISK, and the Bender Gestalt. Then, after your child is about ten or twelve have him tested again, by the same psychologist if possible. What you are looking for is discrete brain damage. That will be your case. Lawsuits for minors usually have a much longer "staute" and often the child is able to file a lawsuit up to age 18 or so. It depends on your State's regulations.
But try to get a good malpractice lawyer now. Don't wait.

Originally posted by ams623
What is the name of your state? nc
my son had a sleding accident in febuary. he slid into a log and jabbed a peice of the branch into his head above his ear. we took him to er they put 3 stitches in his head. we took him back in 7 days and had them removed. 3 weeks later he had this cyst looking place come up at the site. i took him back to the er. the said it was some sort of tissue and referred me to a surgeon to have it removed. the surgeon set up the surgery. when he cut into the place he found a stick about one inch long and as round as your pinkie. can we sue the er and if so what do we ask for.

WOW! That's a pretty big STICK to have missed! Did the surgeon advise you there might be a possibility of brain damage down the road? If not, I'm going to advise that you seek the advice of an attorney and foregoing any independent decision on your own to subject your child to pyschiatric evaluation IF an attorney does not take your case and IF it's not recommended by an attorney. If there is no apparent brain damage now or none is suspected or predicted and no attorney takes this case, do consider that a barrage of psychiatric testing over a course of a few years in preparation for a lawsuit might be an unhealthy thing for your child. I'm not saying don't do it -- I'm just saying get the advice of an attorney and then consider what's going to be best for your child after you consult with the attorney.

Good luck.


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