Jury Awards Mother $4M in Failure to Diagnose Lawsuit

Jury Awards Mother $4M in Failure to Diagnose Lawsuit

Recently, a jury awarded a mother $4 million in a medical malpractice/wrongful death lawsuit involving the failure to diagnose whooping cough in her infant. Making a proper and timely diagnosis is essential to ensuring the best possible medical outcome. When a delay in diagnosis, a misdiagnosis or a complete failure to diagnose a condition occurs, the outcome may be catastrophic – even fatal – as was the case here.

According to court documents, the mother had returned home from a trip to California following a pertussis outbreak. Despite repeatedly contacting her pediatric group and expressing concerns that infant suffered from the deadly condition, the group failed to diagnose whooping cough and begin treatment.

The group dismissed her concerns as that of a overly nervous first time mother, the suit alleged.

In their defense, the doctors denied that the mother had advised them about her concerns and stated that even had she done so, it wouldn’t have made any difference in saving the child’s life. The jury rejected this argument based on the evidence presented, including statistics that show 99% of infants who contract pertussis do not die.

The jury awarded damages to the mother for wrongful death and a survival claim based on medical malpractice.

Making a proper and timely diagnosis is critical to obtaining the best medical care. Without proper treatment, the odds of a positive outcome diminish.

If you believe you or a loved one has suffered as the result of a delay in diagnosis, or failure to diagnose, a medical condition, we urge you to contact our experienced and compassionate San Diego medical malpractice lawyers at Bostwick & Peterson, LLP for an immediate consultation.


Contact Us Today!

All Initial Consultations Free
    • Please enter your first name.
    • Please enter your last name.
    • Please enter your email address.
      This isn't a valid email address.
    • This isn't a valid phone number.
    • Please make a selection.
    • Please enter a message.