Is It Medical Malpractice?

CA injury lawyerIt can be difficult not to hold doctors and other medical professionals in high esteem for all the work they do treating the sick and injured. Those feelings quickly change when tragedy occurs due to what some might consider a severe misdiagnosis that has tragic consequences.

Illinois Doctor Facing Civil Suit

A noted and highly respected Illinois pediatrician is the subject of a civil lawsuit, claiming he missed signs of severe child abuse when examining an 8-year-old girl, who later died as a result of severe abuse and neglect at the hands of her father and grandmother. The doctor had examined the girl just weeks prior to her death.

Ironically, the girl’s examination was ordered as part of a molestation investigation from claims made by her dad and grandmother against the mother’s boyfriend. The civil lawsuit claims the doctor failed to follow proper protocol and conducted inadequate follow up when noting possible indicators of abuse. As a result, the suit asserts, the girl was returned to the custody of an abusive grandmother and father and died while in their care.

  • The doctor is but one of the highly trained professionals who may have missed the telltale signs of abuse in the little girl.
  • Examination records indicate the presence of a healing loop mark and other signs on the child’s body that were consistent with signs of abuse, all of which was not reported to state authorities upon discovery.
  • State law allowed a judge to dismiss the civil case filed against the Illinois Department of Children and Family Services (DCFS) and a forcer DCFS investigator.
  • Defense attorneys have argued that even if the signs of abuse were reported, there is no proof that DCFS would have immediately removed the girl from her father’s home.
  • The little girl’s father and paternal grandmother were charged with murder. The father died while awaiting trial and the grandmother is serving a life sentence in prison.

Get Sound Advice from a Knowledgeable San Jose Medical Malpractice Attorney

The misdiagnosis of an injury or illness does not always have tragic consequences, but the resulting pain, suffering, and undue stress can have a negative effect on the patient and those around them. If you feel that your medical care may have missed or ignored signs that follow up was needed, you are encouraged to find an experienced California medical malpractice lawyer to help you determine the appropriate action to take. Janoff Law knows and understands the nuances of California malpractice law, and uses their experience to lay out an effective and aggressive strategy for obtaining justice. If you have questions please call 408-286-2300 and schedule a free initial consultation with a legal professional.



Janoff Law,
A Professional Corporation
1570 The Alameda, Suite 221, San Jose, CA 95126 408-286-2300
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