Visitor Question

Pediatrician and emergency room failed to diagnosis appendicitis…

Submitted By: Anonymous (USA)

My 3 year old daughter became very sick out of nowhere. After 2 days of fever, vomiting and barely keeping any fluids down, and not eating any food, I took her to her pediatrician. He looked at the usual throat, ears, nose, and did a throat culture. He sent her home and told me to keep her hydrated and give her Tylenol to keep the fever down.

Two days later with no change and now complaints of belly pain we went to the local hospital. They did a throat culture which was also negative. My daughter was given Tylenol to bring down her fever but instead the fever went up. Blood work was ordered and a nose swab. An IV was put in place but she never received any fluids.

The blood work and nose swab came back fine but her potassium was a little low. The ER doctor called her pediatrician and he said to send her home, keep her hydrated and give her Tylenol for the fever. The very next day she began to vomit dark brown/red. I immediately brought her to a not-so-local children’s hospital ER.

She has been admitted and has had her appendix removed. The surgeon said the appendix ruptured days ago. Now she is on a long journey to recovery as her intestine is in shock and the muscles are not yet working. Am I wrong to think this should have been caught sooner? She has been sick for 7 days! Are the doctors negligent for failing to diagnose the appendicitis? Thank you.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.


Dear Anonymous,

On behalf of your daughter you may have the basis of a medical malpractice claim. From the facts you present, it appears the doctors should have diagnosed the problem and failed to do so.

If you are intent on pursuing a med mal claim, gather copies of your daughter’s medical records and medical bills. Also gather receipts for medications you may have purchased, and for your other out-of-pocket expenses (including the costs of transportation to and from medical treatment).

If you had to miss work, be sure to secure a letter written by your employer on company letterhead verifying the days you were not working and the amounts of money you lost as a result.

With that information in hand, seek out several personal injury attorneys with substantial expense in medical malpractice claims. Many of these attorneys have websites where they list the types of cases they’ve handled, and the verdicts or settlements they’ve recovered. Most attorneys won’t charge you for an initial consultation.

Learn more here: Claims & Lawsuits for Wrong Diagnosis

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney.

Find a local attorney to give you a free case review here, or call 888-972-0892.

We wish you the best with your claim,


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