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Family prevails in claim that delayed diagnosis led to transplant

Many parents in Rhode Island have concerns about the health of their children. Because they often have little medical training, they seek guidance from a trained professional -- often, a pediatrician. Unfortunately, a lawsuit in another state alleges that a young girl had to undergo a kidney transplant as a result of a delayed diagnosis.

The parents claim that their daughter suffered from a kidney disease known as C1q nephropathy. Had the disease been diagnosed earlier, her parents argue that the severe damage that resulted in a kidney transplant in 2007 could have been avoided. As a result, they filed a lawsuit against the pediatrician they say failed to diagnose her; the defendant in the lawsuit contended that the young girl suffered from a different disease and could not have been diagnosed any earlier.

A jury ruled in favor of the family, awarding them over $4 million. However, the pediatrician appealed the verdict, arguing that a pretrial order was violated when multiple experts from the same speciality were allowed to testify. While the appeals court ruled in favor of the pediatrician and ordered a new trial, the Florida Supreme Court overturned that ruling, ruling that the two witnesses in question were testifying as treating physicians rather than expert witnesses.

Cases involving claims that a patient suffered as a result of a delayed diagnosis can be complex, especially if an initial ruling in favor of the victim is appealed. Fortunately, there are experienced attorneys in Rhode Island who can help victims and their families navigate a medical malpractice lawsuit. Often, taking such legal action is the only way that families can ensure they have the financial means necessary to care for harm stemming from such negligence and also ensure that those deemed responsible are held accountable for their actions.

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