Question: Since this
primary has not done the referral needed for my son to see the ENT, can we sue
for delay in treatment and my child's pain? My son is 17 months and has had upwards of 10 ear infections
already. His right ear drum has already ruptured once as well. The doctor
several times has stated he needs to send my son to an ENT specialist but still
has not. This has been going on a year. A little over a month ago, we saw
another doctor in his office because my son once again had an ear infection and
she said she would send over the referral and nothing was done despite my
calling and calling and calling not only them but the ENT office. He has been
in terrible pain and the antibiotics no longer work on him. He has become
immune to everything they put him on. Not to mention any damage that may have
occurred since the proper treatment has not been done.
ANSWER
Your child's pain is not likely to justify a medical malpractice lawsuit. The costs are prohibitive. You should self refer to an ENT and try to shorten your child's suffering.
The Montana Supreme Court has ordered a new trial in a medical malpractice case because the defendant helped treat a juror who fell ill during closing arguments.
The opinion, filed Friday, came in Amy Heidt's lawsuit against Dr. Faranak Argani and her employer, Deaconess Billings Clinic, over the death of her husband, Gerard Heidt.
During closing arguments of the October 2008 trial, Heidt's attorney spoke as though he was Gerard Heidt, describing what he may have been thinking as he was dying, and then began describing being autopsied.
One of the jurors said she felt like she was going to pass out.
During a recess, several in the courtroom tended to the ill juror, including Argani; Heidt's co-counsel, who is also a physician; and three jurors who were nurses. The juror eventually was taken to a hospital.
Heidt moved for a mistrial and the District Court took it under advisement.
The judge admonished the jury not to let the events with the ill juror affect their deliberations. The jury returned with a verdict in favor of Argani and the clinic.
In December 2008, the District Court denied Heidt's motion for a mistrial, saying that while there was "an irregularity in the proceedings," the trial as a whole was fair and that the "jury verdict was not influenced by the circumstances surrounding the juror that became ill."
The Supreme Court opinion, written by Chief Justice Mike McGrath, cited cases in Illinois and New York in which a mistrial was required after a defendant doctor provided care for a sick or injured juror in the presence of other jurors.
"The events at issue in this case are unique to medical malpractice claims and appear to be rare occurrences," McGrath wrote. "In those few cases, the courts have held that the event adversely affected the right of the opposing party to a fair trial and that a mistrial was required."
The Supreme Court opinion added that: "All involved acted admirably, and this was clearly not an event that could have been planned for or guarded against."
Justices James. C. Nelson, Patricia O. Cotter, Brian Morris and Jim Rice concurred with the opinion.
Telephone messages left with attorneys for both sides were not immediately returned.
The opinion, filed Friday, came in Amy Heidt's lawsuit against Dr. Faranak Argani and her employer, Deaconess Billings Clinic, over the death of her husband, Gerard Heidt.
During closing arguments of the October 2008 trial, Heidt's attorney spoke as though he was Gerard Heidt, describing what he may have been thinking as he was dying, and then began describing being autopsied.
One of the jurors said she felt like she was going to pass out.
During a recess, several in the courtroom tended to the ill juror, including Argani; Heidt's co-counsel, who is also a physician; and three jurors who were nurses. The juror eventually was taken to a hospital.
Heidt moved for a mistrial and the District Court took it under advisement.
The judge admonished the jury not to let the events with the ill juror affect their deliberations. The jury returned with a verdict in favor of Argani and the clinic.
In December 2008, the District Court denied Heidt's motion for a mistrial, saying that while there was "an irregularity in the proceedings," the trial as a whole was fair and that the "jury verdict was not influenced by the circumstances surrounding the juror that became ill."
The Supreme Court opinion, written by Chief Justice Mike McGrath, cited cases in Illinois and New York in which a mistrial was required after a defendant doctor provided care for a sick or injured juror in the presence of other jurors.
"The events at issue in this case are unique to medical malpractice claims and appear to be rare occurrences," McGrath wrote. "In those few cases, the courts have held that the event adversely affected the right of the opposing party to a fair trial and that a mistrial was required."
The Supreme Court opinion added that: "All involved acted admirably, and this was clearly not an event that could have been planned for or guarded against."
Justices James. C. Nelson, Patricia O. Cotter, Brian Morris and Jim Rice concurred with the opinion.
Telephone messages left with attorneys for both sides were not immediately returned.