Doctor negligence

Hello All,

I am in need of some advice. This past Monday i took my 11 month in to see her pediatrician becuase she was not eating and had a fever of about 101 ( under the arm). I told the doctor that the temperature was not accurate becuase i got to different reading off of them and did not do an anal temperature. Being aware of this the doctor checked Jordyns ears, chest and lungs. I left the doctors office and then realized that she did not take my child's temperature... I took my infant home and 30min later she had a seizure and turned blue.. This was one of the scariest moments in my life!! I called 911 and they came and rushed her to the hospital. I told the ER doctor that her pediatrician never took her temperature and i believed this could have all been preveneted if her temperature was taken and they realized how high it was.. Is there any legal action I can take against this doctor or where do i report this negligence? Any help would be much appreciated!

[kellym]

Well, usually the nurse takes the temp before I even see my Dr.  I'm not sure the "practice" is at fault because they did not take your daughters temp. I mean, was the seizure related to her temp being so high? Did she suffer any horrible repercussions, I mean is she ok?  I personally would take responsibility for my own child's fever and would have been monitoring myself if I felt it was that high. I know you are distraught but I don't think you have any recourse.

[AnnieBrooke]

I'm sorry you had such a scare!  For a legal action to succeed, you would need to prove that when the baby was at the doctor's, her temp was so high that it would have been seen as critical, that due to the high temperature she was at imminent risk of seizure, and that a doctor taking her temp right then would have been able to prevent a seizure.  Lately I have been told by more than one advice nurse that "just" a fever is not part of the protocol the hospital uses to tell you that a child needs to be seen, it has to be at least as high as 107 before it is considered an emergency.   What was her temperature recorded by the EMTs or at the hospital?  The other side would come back and say that regardless of whether the doctor took the baby's temp, it was not what caused the seizure, or that your daughter might have had a seizure even if her temperature had not been unusually high when at the doctor's office.  Talk to another pediatrician and see if the fact that the child subsequently had a seizure is automatically indicative that she had a very high fever a half hour earlier, and if he or she says yes, then you might have a case.   Even if you don't go through with a lawsuit, you can file a complaint with the medical board.  But again, they might come back and tell you that you need to be able to prove cause and effect.  A lot will hinge on what the baby's temp was when she got checked by the EMTs.

[kristinamarie109]

thanks for the advice.. when she reached the hospital her temperature was 105.. I monitored her temperature and as soon as i saw it went to 101 i took her immediately to her doctors.. The weird part is that the doctor touched her and said " she is really hot".. and still did not bother taking her temperature.. i even told them that i gave her tylenol two hours before i got to the office and it did not bring down her temperature. I dont want to go through a lawsuit i just want them to be aware that this happened so that it doesnt happen to someone else..  And Yes, Kelly M the seizure was becuase her temperature was too high.. when i told the EMT and Doctor at the emergency room that her temperature was not taken, they were all very shocked!!

[kellym]

I do find that so odd they did not take her temp. I'm sure it was such a scary event. Maybe even call the Ped. tomorrow and see what normal protocol is when you bring in a sick child and taking temps. I'm hoping she's on the mend, you too!

[AnnieBrooke]

Here's some good information on febrile seizures.  

h t t p : // w w w . baby center . com / 0 _ febrile-seizures _ 1439648 . bc

(Delete all spaces between the letters)

[peekawho]

The trouble is, infants and very young toddlers can go from a completely normal temperature to one high enough to cause a febrile seizure in as little as 30 minutes.  

Yes, they *should* have taken her temp at the office.  If it was above 104, they might have directed you to the hospital, but possibly not.  High fevers are unfortunately common, and febrile seizures...while not rare, are not terribly common.  

You would need to prove that they neglected to follow the standard of care in that instance, and that your child suffered damage, and that the damage is compensible (ie--will she require special care for weeks/months/years to come, did you have unreimbursed hospital bills, etc?).

If she's fine now, and it was just a febrile seizure, you will likely not find anyone to take a *case* against the doctor.  You can certainly file a complaint with the state medical board.  

Just be aware that she may have more febrile seizures in the future, and follow any directions your doctor may give you in regards to lowering temps if she has a febrile illness again.  

Best,
Peek