Health Care Providers Prevail in Failure to Diagnose Case: They Did Not Breach the Standard of Care

Type of Case: Medical Malpractice

Practice Area(s): Professional Liability – Health Care

Lawyer(s): Barbara Zurek

Office(s): Minneapolis

Date: May 4 2016

Case involved claims against 6-7 health care providers, employed between two professional practices, arising out of care provided to an 11-year old child, who presented with abdominal pain, fear of eating, and weight loss/malnutrition and chronic headaches. Meagher & Geer represented a psychologist and 2 pediatric GI specialists. A psychiatrist, 2 other pediatricians and a nurse practitioner were the other care providers involved in the case. The child was seen over the course of about 1 year by 26 providers for about 144 visits before the child was ultimately diagnosed with a germinoma brain tumor. The defendants saw the child at the beginning of the one year course of events, before her symptoms evolved.

The case was tried over the course of 2.5 weeks, with the jury returning a verdict less than 30 minutes after commencing deliberations. Plaintiff alleged that along with the child’s extensive work up for GI sources for her complaints of abdominal pain and weight loss, she should have had a comprehensive endocrine and/or neurology work up and/or MRI scan of her head for her chronic and longstanding headaches. The jury heard testimony about the criteria pediatric providers use when evaluating pediatric patients with headaches and what is required to indicate work up for headaches, including neurology consultation and MRI scanning and that this child did not have worrisome findings that would warrant such an evaluation. The jury further heard testimony that the length of time it took to diagnose this child’s tumor was well within the usual amount of time for these types of tumors, as they can be difficult to diagnose because of the unusual symptomatology; and that the treatment ultimately rendered (with likely cure) was largely the same treatment that would have been rendered if an earlier diagnosis had been made.

Back to Experience

Disclaimer

ATTORNEY ADVERTISING.

Some of the content on this website is considered Attorney Advertising under the applicable rules of certain states. Results depend on a number of factors unique to each matter. Prior results do not guarantee a similar outcome.

LEGAL NOTICE AND DISCLAIMER.

This website is provided by Meagher + Geer, P.L.L.P. for information purposes only but may contain information constituting attorney advertising in certain jurisdictions, selected case-related results and/or award information. Results in prior matters do not guarantee results that may be achieved in future matters. Results depend upon a variety of factors unique to each matter. By accessing the Meagher + Geer P.L.L.P. website, you are requesting information. The information you are requesting is not legal advice, advertising or solicitation. Transmission and receipt of the materials on the website do not constitute legal advice, establish an attorney-client relationship, or create any duty of Meagher + Geer, P.L.L.P. to any reader. Unsolicited information sent to Meagher + Geer, P.L.L.P. by persons who are not clients of the firm is not subject to any duty of confidentiality on the part of the firm. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. To the extent that the professional responsibility rules of any jurisdiction require us to designate a principal office or an attorney responsible for this website, Meagher + Geer, P.L.L.P. designates its office in Minneapolis, Minnesota (USA) and its managing partner, Stacy A. Broman.

PRIVACY POLICY.

When you visit www.meagher.com, we do not collect any personally identifiable information about you unless you specifically provide it to use. Any personally identifiable information that you submit to us will be used solely for the purpose of responding to inquiries or requests made by you. Your visit to www.meagher.com is tracked through a standard web traffic statistics program, which keeps records of traffic on this site, as well as numerical counts of visitors by domain, URL, search engine, keywords used and other standard web measurements. To improve your experience on our site, we may use ‘cookies’. Cookies are an industry standard and most major websites use them. A cookie is a small text file that our site may place on your computer as a tool to remember your preferences. You may refuse the use of cookies by selecting the appropriate settings on your browser, however, please note that if you do this you may not be able to use the full functionality of this website. By using the Meagher + Geer, P.L.L.P. website, you consent to our use of your information as described in this Privacy Statement. We reserve the right to change our Privacy Statement at any time without advance notice. Please review the Privacy Policy each time you use the Service.

Contacting Meagher + Geer or one of its attorneys by email does not establish an attorney-client relationship or any other kind of relationship between you and Meagher + Geer. Do not provide any information you regard as confidential until a formal attorney-client relationship has been established. Any information you provide before establishing an attorney-client relationship will not be regarded as privileged or confidential. Do you wish to proceed?
Contacting Meagher + Geer or one of its attorneys by email does not establish an attorney-client relationship or any other kind of relationship between you and Meagher + Geer. Do not provide any information you regard as confidential until a formal attorney-client relationship has been established. Any information you provide before establishing an attorney-client relationship will not be regarded as privileged or confidential. Do you wish to proceed?
Contacting Meagher + Geer or one of its attorneys by email does not establish an attorney-client relationship or any other kind of relationship between you and Meagher + Geer. Do not provide any information you regard as confidential until a formal attorney-client relationship has been established. Any information you provide before establishing an attorney-client relationship will not be regarded as privileged or confidential. Do you wish to proceed?
Meagher & Geer

Meagher & Geer