Malpractice for misreading x-ray leading to unnecessary tests, treatment, and child protective services involvement?

August 10, 2018

Question

My 1 year and 10 months old daughter had something wrong with her knee that hurt enough that she would not stand or walk, but no visible injury. We took her to a clinic where they x-rayed her leg, having me hold her down kicking and screaming with no assistance, took 1 picture, but could not take the 3 ordered by doctor. Judged from the one x-ray that she had a fractured femur above the knee and when requested showed us the picture which did not clearly show anything, but they insisted it was there, she could die from it, needed immediate surgery, probably pins to immobilize, and she had to be transported immediately by ambulance 1 1/2 hours to nearest hospital with orthopedic specialist, and that we had no choice, enforcing this by immediately summoning an ambulance and security guard to ensure compliance, and also tried to insist that my wife could not accompany our daughter for the ride which we argued and they gave in. Given that we are not knowledgeable on reading x-rays, and their forceful insistence, we complied. At the hospital 12 hours later, my daughter was released with no injury diagnosed, she had no fracture, and was now walking fine. Regardless CPS is investigating us

Answer

Well, it turns out she had no fracture - and mis-reading of an x-ray did not result in damages, per se, so there would be no case. As far as child services are concerned, the hospital is a 'mandated reporter' (they have to call child services if they suspect abuse or neglect), and they are immune from liability for doing so. You'll probably be visited by a social worker looking to see if there is any reason to be concerned.

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