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  1. #1
    Join Date
    Jun 2006
    Location
    Jacksonville, Florida
    Posts
    27

    Default Bad Splint Caused Decubitus Sore on 14 Month Old

    My 14 month old son broke his tibia and fibula and was taken to the regional hospital's emergency department for treatment. They took x-rays of his leg and the physician's assistant (never saw a real doctor) told us he had compression fractures that would need to be treated at an orthopedics office.

    My son was in a good mood and playful until they then put a splint on until we could get to the doctor’s office the next day. Once the nurse put the splint on, he immediately became angry and was in a bag mood in general and was grabbing at his heal that was in the splint. The nurse told us it was probably because he could no longer move his leg and he was upsetted by it.

    We got him home and he would not sleep, eat, move ect…just yell and grab his heal. This continued for a few hours so I called the hospital who had treated him. They told us he just needed a pain killer and they would phone the prescription in at a pharmacy near our home. Once I got to the pharmacy they told me the ER had prescribed my son Loratab which I didn’t know you could give a 14 month old. I brought it home and reluctantly gave my son a dose at which time he fell asleep. He continued to require the Loratab on a regular basis as the hospital advised us to.

    A day later we went to the orthopedics office. They took off his splint and to my horror my son’s heal was black. The doctor advised the spit had been done wrong, causing a sever pressure sore killing the skin and tissue under it. He stated the splint was too tight and there was no reason for my son to have gone through the pain. He could not put a cast on his leg with a sore like that. He also stated the ER was wrong about the compression fractures and that they were just simple green stick fractures.

    We have now had to take my son back to the orthopedics office twice a week so they can redo a special splint that put no pressure on his heal as they can not put a regular cast over it. This is necessary so they can tend to the sore on his heal which they estimate will take a minimum of 4 to 5 months to heal, where the bones are estimated to be good in 3 or 4 weeks.

    Due to the pain my son endured and the fact that the ER gave him Loratab rather than checking him out again, do I legally have to pay for the services they rendered? It is bad enough that the bills are racking up from the orthopedics office for the frequent visits, materials, and meds to prevent the big black wound from becoming gangrenous. The ER needlessly caused problem worse than the broken bones were and then prescribed a 14 month old a narcotic. Would I be able to get the ER to pay for the enormous bills I am incurring because of the wound?

    Thanks for taking the time to read this.

  2. #2
    Join Date
    Aug 2009
    Location
    San Antonio, Texas
    Posts
    57

    Default What state are you in?

    You should definately speak to a lawyer in whatever state you are in.

    The facts of your case and the state you are in (tort reform is evil) will determine what if anything can be done.

  3. #3
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Bad Splint Caused Decubitus Sore on 14 Month Old

    Due to the pain my son endured and the fact that the ER gave him Loratab rather than checking him out again, do I legally have to pay for the services they rendered?
    Yes. When you took him in to be seen, you signed a paper agreeing to be financially responsible for any bits your insurance does not cover. There's no "money back if the services suck" proviso in there.

    That said, you would do well to have the child's records reviewed by an attorney in your area specializing in medical malpractice. First consultation is usually free, and many malpractice attorneys work on contingency (meaning they take a cut of the settlement - usually 1/3).

  4. #4
    Join Date
    Jun 2006
    Location
    Jacksonville, Florida
    Posts
    27

    Default Re: Bad Splint Caused Decubitus Sore on 14 Month Old

    Ok. Thanks for your help. His pediatrician referred us to the burn unit at Shands in Gainesville today as she is worried about it. Looks like I am going to be taking time off and the medical bills are about to go through the roof.

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