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Failure to diagnose illness results in false accusations

September 19th, 2017
On behalf of David Bowling of The Bowling Christiansen Law Firm, A Professional Law Corporation posted in Medical Malpractice on Tuesday, September 19, 2017.

No parent in Louisiana wants to see his or her child removed from the home due to another person’s mistake. One family was split apart for nearly a year because of one doctor’s mistake.  A doctor’s failure to diagnose a genetic disorder resulted in the parents being falsely accused of child abuse.

A mother took her child to the pediatrician to get an explanation for her nine-week-old child’s arm pain. X-rays revealed that the child had a fractured arm as well as a few fractured ribs. The doctor then called Child Protective Services without asking any questions or running further tests to determine an underlying cause.  All of the family’s children were removed from the home later that same week.

The infant sustained another fracture while in foster care, and, despite the parents’ pleas, physicians still did not look for an underlying medical reason for the injuries. Instead, they once again accused the parents of intentionally hurting the child. Child abuse charges were dropped almost a year later due to lack of evidence. It turns out that the child suffered from a rare, genetic condition called Ehlers-Danlos syndrome Type 3, which affects the body’s connective tissue and results in fragility fractures and rickets.

While no physical injury occurred as a result of this failure to diagnose an illness, there were other kinds of damages done. Even with therapy, the emotional trauma caused to both the parents and the children when the children were taken from the home will linger for years. The family also has to consider the cost of treatment for their child’s condition, which was left untreated while the children were in foster care.

This is not the first family to be falsely accused of child abuse because of a failure to diagnose an illness. People living in Louisiana who believe that they are victims of medical malpractice could benefit greatly from speaking with a professional. An attorney can help individuals to determine if they are victims of malpractice and what compensation they might be entitled to.

Source:, “Rebecca Wanosik Fights Back After Baby’s Genetic Condition Was Mistaken for Child Abuse“, Chaunie Bruise, Sept. 12, 2017

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