Should I sue the hospital? (sorry long)

My 2yo ds had a hip spica cast put on a couple of weeks ago (a half a body cast). He had a bad stomach bug and we had to go to the hosp to get the cast changed. He had to be in theater asleep when they did it. The idea of the cast is it should be put in a reclining position so that the child can eat and sleep comfortably.
When he came back to the ward I tried to sit him up but couldn't do it. I looked under his blanket, I almost burst out crying right there. He's been through so much and they made him lying flat on his back with the cast all the way up to his nipples. There was also no room for him to move so the cast was digging into him.
I refused to go home with him like that. They told me they could trim it but this is the way it's supposed to be and I should deal with it as everyone does. They told me the doctor who put on the first cast made a mistake and gave him too much room to move. But I know that was not true because he was the top doctor there.
They made me feel so stupid and I felt as if I don't know what's best for my child.
This all happened Tuesday.
Wednesday, I had to feed him his food like a baby, I had to mash it which he didn't like and he would choke over it because he lying. Finally I made my baby's stroller lying flat and put him on his stomach. I made his head look over the front and put a small table infront of him that was how he played, ate etc.
He was so depressed the entire time.
Thursday I went back into the hosp and demanded to see the top doctor there. I thought I was going to have to argue to get it changed but he took one look at ds and said, "well this is completely wrong."
They took pictures for "learning purposes."
He then said that he would change it and there is no need to put him to sleep bec the bone was healing nicely. I could also be in the room with him, the whole experience was so much less traumatic this time around.
So this was 2 days later and suddenly he did not need to be asleep for the procedure? They put him under risk for no reason!
Does this sound normal? Do I have a case and should I bother?
Sorry so long but I also feel as if I got something off my chest so thanks.

you could only sue if the child is left with a damage as a result of the mistake. sorry that you had to go through this.

Diamond Member Joined: Jun 09 2009 Posts: 3228

That sounds tough. I don't know guidelines for suing, but we've had our share of incorrect casting as well. It's not easy. Your son is lucky he has parents who objected to the mistake and brought it to the attention of a better doctor.

Awful as this experience was, I don't think you have a case at all.
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I would def consult a lawyer. My DD was in the hospital for a month this summer screaming in horrific pain and they REFUSED to do an xray. They were about to take her into surgery to remove her appendix bc her abdomen was swollen and she had fever and was vomiting, so they were convinced her appendix burst. BH we switched her to another children's hospital, they did one xray and saw that she had swallowed a lego and it was stuck in her digestive track. They gave her a STRONG laxative and 20 minutes she was b'h fine.

My insurance company is suing the first hospital for medical negligence, NOT malpractice, which is completely different.

Im doing this as AMOTHER bc a lot of people in my community know this story.

Platinum Member Joined: Dec 27 2007 Posts: 7237

what are you looking to get out of the lawsuit? Money? An apology? An explanation?

That sounds absolutely horrific, I am so sorry Sad

My father recently took a terrible fall, went to the hospital, and was discharged a day later, having been told he was just very bruised. He was in excruciating pain for the next few days, so my mom took him back to the ER. Turns out he had several (7!!!) broken vertebrae and 2 broken ribs. He is STILL undergoing corrective medical treatments months later, but there is no real law suit bec not having diagnosed him properly when he initially came in didn't cause any further damage. It's really frustrating, and again, I'm so, so sorry - refuah sheleima to your son!

Executive Member Joined: Aug 27 2009 Posts: 335

I am not sure about the lawsuit part but I commend you for being so proactive and an advocate for your son.
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Platinum Member Joined: Apr 06 2008 Posts: 5149

I'm sure you can report the incident to the ama or something. you won't get anything out of it, but it will cause legal problems for them. they'll probably be forced to change their ways or lose some licenses. before you do this, please request copies of the learning photos. you have every right to them, and you can include them in your complaint.

yes and no matter how hard I cried nad begged they said it was "traumatic for the child". The patient advocate said that the hospital doesnt get reimbursed EVER fully for the xray so they try to avoid giving them.

BH no damage happened, but had they taken 1 xray of her digestive track they would have seen it (it looks like a gray blob shape but you can for sure tell its a lego, one of the small one piece ones)...given her whatever they needed to give her and she would only suffered for 24 hours instead of a month.

I was also shocked that she did that, bc she stopped putting things in her mouth when she was about 15 months old, and she turned 3 in the hospital...thats why she was allowed near the legos int he first place, so it is, paritially, my fault.