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punitive damages


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#1 meowmel

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Posted 18 January 2013 - 10:09 AM

May I ask for punitive damages when suing MY doctor (well, chiropractor)? My daughter and I were involved in a rear end car accident over 3 years ago. We were both hurt and both had the same lawyer. I felt a lot of pain and my daughter did not, although we both had initial xrays. The first X-ray showed my daughter had a slight scoliosis (less than 10 degrees) in the spine. (Later we found this was inaccurate - it was closer to 30 degree bend.) So, she went to three different pediatricians and NONE of them ever bent her over for the Adams Bend test - not after we mentioned the scoliosis or during ANY sports or annual exam. Years later, my daughter continued to express pain in her back. Someone suggested we go to a chiropractor. We did and will filled out the paperwork about her spine being less than 10 degrees. He took new x-rays in house and never discussed them with us. He further delayed any appropriate consult to a real doctor for five months. We came to the conclusion he was not helping, in fact the treatments sometimes hurt her. So we discontinued going to him. We again went to a pediatrician and again complained about the pain in her back and FINALLY she bent her over to reveal a horribly disfigured spine. This was less than two weeks after the chiropractor's final treatment and final exit X-rays - which we now own. Can I take any of these medical professionals to civil court? All of them dramatically delayed appropriate treatment for my growing daughter's ever bending spine. Timing is crucial when it comes to adolescent scoliosis. By the time we realized what was going on, it was well too late to even try less invasive treatments such as bracing. Major spinal fusion surgery was our only recourse... Worst experience with the medical community ever.

#2 adjusterjack

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Posted 18 January 2013 - 01:35 PM

Sure.

You can sue for malpractice.

You can "ask" for anything.

It's up to a court of law to say if the doctors are responsible and for how much.

Consult a medical malpractice attorney.

Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk.


#3 FindLaw_Amir

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Posted 18 January 2013 - 02:25 PM

You may want to read the LawBrain: Punitive Damages article to get a better understanding. Also, if you have not done so already, you may want to consult with a local Medical Malpractice Lawyer to advice you on your claim. Many lawyers do offer a free consultation.
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