law suits for kd kids..

General discussion regarding Kawasaki disease
Post Reply
father of kd
New Member
Posts: 2
Joined: Mon Feb 25, 2008 3:06 pm

law suits for kd kids..

Post by father of kd » Fri Apr 18, 2008 1:33 pm

Has anyone here discussed the possiblities of a law suit for misdiagnoses or poor treament for kids that were affected by kd.. it seems that there are alot of cases where kd was misdiagnosed ?

Nancy
KD Forum Leader
Posts: 647
Joined: Mon Apr 25, 2005 6:49 am

Re: law suits for kd kids..

Post by Nancy » Fri Apr 18, 2008 5:44 pm

hi

At the height of my anger immediately after the pediatrician misdiagnosed my son...I considered seeking legal action...

However, I rather quickly came to the realization that:

1 - I was not likely to "win" a suit against him...esp. a misdiagnosis for a disease which has no specific test
2 - A lawsuit would use great amounts of our time and energy...which could be better spent caring for our child...as well as the practical reality that it would be very expensive...
3 - I decided I could make more of a "difference" for other children and their families by channeling my negative energy of anger into a positive energy of volunteerism and I became a volunteer for the Kawasaki Disease Foundation and American Heart Association..and found that working to raise awareness of KD and help others was the best course for me...

Just my own experience,
Nancy

Momcat
KD Forum Leader
Posts: 1516
Joined: Mon Jan 02, 2006 2:50 pm

Re: law suits for kd kids..

Post by Momcat » Wed Apr 23, 2008 4:31 pm

Here's the problem with KD. It is rare. When you talk to an attorney, they immediately tell you that if your child has a rare disease then the case is difficult to prosecute.
Also, since there is no way to tell the difference between KD and several other illnesses it is prone to misdiagnosis. You can't prove that the doctors weren't trying to help if they said it was something else, especially when they treat tons of kids with red eyes, fevers, rashes, etc. that turn out to be viral infections, strep and Scarlet Fever, the most common misdiagnosis before KD is thought of.
We had a lot of negligence associated with one particular pediatrician when our daughter was ill. Tons of mistakes were made over and over again and even after the diagnosis. Some of the treatment was appalling until she was transported to a Children’s Hospital and the aneurysms were giant by then. She was sent home several times when she should have stayed in the hospital, the IVIGs were administered improperly (6 hour drip instead of 12), they refused to readmit her when there was a communicaiton problem with the on-call pediatrician-etc. etc. We were even told her aneurysms would disappear!! I still have the drawing the pediatrician made for us showing how they would regress. I think I know more about KD than that pediatrician does. However, there is no way to prove that the aneurysms wouldn't have happened with a faster diagnosis or better treatment. The experimental drugs that were used to save her may also have played a part in her expanding aneurysms, but there is no way to prove that either, plus the specialists were doing all they could to stop the KD. We had been told we were part of a "study" with one drug and had her blood shipped to another state after many of her blood draws. Yet later, when I asked about her part of the study and how it turned out, we were told she wasn't included in the results!! (Maybe because it wouldn't have helped the outcome of the study in a positive direction???) Believe me, I think a lot of tracks are covered in medicine, doctors cover other doctors. Once, during the height of our child's sickness she was readmitted to the hospital for dehydration. NO ONE could find her chart at the hospital or at the pediatricians clinic. She was there overnight and her chart "reappeared" at another date. I had strong suspicions it had mysteriously disappeared for some quick changes to cover some of the previous mistakes and no one had suspected she was going to be seen during that time. When I tried to get her records the hospital refused unless I copied every page for an outrageous fee done on their copy machine.
We had a right to a lawsuit, if any case did, ours surely would have been a case that would have brought a lot of attention to KD and perhaps that is where the awareness will come from someday. That will be a sorry way for it to happen, but it wouldn't surprise me if that is how more awareness is brought to KD. Surely some pediatricians could get a wake up call!! I often wonder if the medical colleges could use some more input from the KD community, to get the information to graduating pediatricians in the first place and they will THINK of KD faster!! Someone should drop that into a continuing education study for pediatricians regarding lawsuits too.
I don't think anger for your child getting misdiagnosed as "negative". There is a justice that is violated when your child might have been harmed, rather than helped in some medical situations. It is very natural to be angry if your child was not treated promptly or correctly for KD. It is a very real part of processing KD, especially when your child ends up with heart disease. I've been hurt bitterly by so called caring people in the KD community, so I also don't think that every parent goes through the same reactions as I was told basically to “get over it” by parents of kids who had little or no “apparent” harm done during the KD (meaning thier echos are now OK, so they assume their kids are *normal*).
I disagree with the above comment about spending time on a lawsuit would take away from care of a child. If that were so, may lawsuits that are justified would not be prosecuted when malpractice was an issue. The care of our child was never sacrificed when we were seeking legal counsel regarding the inproper handling of our childs KD and the care would have certainly been optimal if we had proceeded with a lawsuit. There were several reasons why we did not go ahead with legal action when we could have.
I have heard of successful KD lawsuits that were won when there was no diagnosis for KD and heart disease was traced back to KD that was never diagnosed, or was misdiagnosed as something else at the time.
These are only my opinions as a mom of a child who has significant coronary artery problems and a life threatening condition from Kawasaki Disease.
Sandy
Last edited by Momcat on Thu Apr 24, 2008 9:48 pm, edited 2 times in total.

marmar
25+ Posts
Posts: 26
Joined: Tue Apr 01, 2008 1:29 pm

Re: law suits for kd kids..

Post by marmar » Thu Apr 24, 2008 4:17 pm

I posted an angry reply earlier because of a lack of communication after my daughter's discharge from the hospital. I'm calmer now that I've received her medical records. The attending doctor seems to have written a discharge letter two weeks after we had left.

mychelle
New Member
Posts: 2
Joined: Tue Apr 29, 2008 11:05 pm

Re: law suits for kd kids..

Post by mychelle » Tue Apr 29, 2008 11:49 pm

We have lost our 6 month old grandaughter on the 16th of March 2008,she was also misdiagnosed with(a virus) and sent home.5 weeks later she died of heart failure.We looked at her medical charts and she had red soles of feet,red eyelids,fever,vomiting,rash all over body and diarrhea.Also written on her chart was high platelets in her blood,one of the causes of that is kawasaki,her count was 499 ,normal is 150-400.the hospitals response was that all she had was a rash,but in their own writing she had all these other symptoms.We are now looking into misdiagnosis and negligence.Do you think we will have a chance,she was a beautiful baby and has left behind a twin sister and a devistated family.Something has to be done for the awareness of this disease to the medical profession. Mychelle(Australia)

Momcat
KD Forum Leader
Posts: 1516
Joined: Mon Jan 02, 2006 2:50 pm

Re: law suits for kd kids..

Post by Momcat » Wed Apr 30, 2008 7:51 am

I am SO sorry for your family and for your loss of a child.........
I guess no one knows if you would win or not. Do you know what caused the heart failure? Did the child have coronary aneurysms that had clotted?

mychelle
New Member
Posts: 2
Joined: Tue Apr 29, 2008 11:05 pm

Re: law suits for kd kids..

Post by mychelle » Thu May 01, 2008 1:28 am

Her arteries to her heart were 10mm and 15 mm instead of the normal.She ended up having a blood clot that caused her heart attack,the blood tests showed when she was sick that her platelets were very high,platelets r for blood clotting,too low and they dont clot,too high..well...need i say more,the problem that i have with all this is that the doctor that was caring for Gemma came across this disease in 1995,and has also worked with a family that had 4 people who had KD,they had less symptoms than our little one did,but,i guess life goes on.Thankyou for listening.Mychelle(Australia)

Momcat
KD Forum Leader
Posts: 1516
Joined: Mon Jan 02, 2006 2:50 pm

Re: law suits for kd kids..

Post by Momcat » Thu May 01, 2008 11:44 am

Oh dear. I am SO very sorry for your loss. This story makes me cry. Yes, it indeed sounds like it was KD and it wasn't diagnosed. I don't know about the laws in Australia, but I would certainly persue it. I can tell you this much, I myself had to get our pediatrician to diagnose the KD in our child and that was 5 years ago. I was INSISTENT after I found it on the internet. I took PILES of papers into the pediatrician, after many phonecalls that were "dismissed" as as they thought I was a nutcase mother. Our daughters aneurysms are huge like your grand daughter's. Her aneurysms were forming when I told them it MUST be KD. Then we were told they would "go away"!!! They have even grown from when she was discharged. When they finally "caught on" she was put on massive blood thinners - several types and is still on two kinds today. She is alive and doing well, all things considered. She has 2 to 3 aneurysms (one kind of goes into another one on one artery) one is 11mm and the other 14mm and they are 4 to 5 CM long!! However, if she had died during all this (which could have EASILY happened) and we hadn't finally gotten the correct diagnosis, you can bet there would have been a lawsuit, probably more than one. In fact, we could have filed one easily anyway and chose not to.
It sounds like your grand daughter was never diagnosed with KD, did they diagnose her or try IVIGs at all???
I'm just a mom with a daughter that had a VERY LATE diagnosis and a child with huge aneurysms and these are my opinions only.
Sandy

Abuelita
25+ Posts
Posts: 34
Joined: Sat Apr 21, 2007 2:19 pm
Location: El Paso, Texas

Re: law suits for kd kids..

Post by Abuelita » Thu May 01, 2008 5:36 pm

Mychelle:
I am sooo sorry for your loss, I also feel like crying . I will be praying for your little angel, yourself and your family tonight. Whenever you feel like telling us your story, would be greatly appreciated it.
My heart is with you and your family....God Bless you all.
Carolina

Mom2John
100+ Posts
Posts: 136
Joined: Mon Jan 08, 2007 9:15 pm
Location: Texas
Contact:

Re: law suits for kd kids..

Post by Mom2John » Mon May 19, 2008 7:49 am

I am so sorry to hear of your loss. My thoughts are with you and your family.

We tried to hire an attorney for my son, since he was not diagnosed and actually ignored by his old pediatriciation and their hospital. I was told that since my son was not permanantly disfigured or damaged, and that he did not die from their lack of treatment, that we have no case.
I have tried, in vain, to bring about better awareness, but no one seems to care. Once these kids are better, most parent's put this behind them. That is fine if it works for them, but what about doctors and hospitals? What about the kids not diagnosed? Grrrr, this just pisses me off, sorry.
Kawasaki Disease Awareness....one red and orange ribbon at a time.

Please tell me your story..... DangerousFlames@gmail.com
Only through our words can others learn.

Michelle
New Member
Posts: 8
Joined: Sat Jul 19, 2008 4:49 pm
Location: South Texas
Contact:

Re: law suits for kd kids..

Post by Michelle » Sat Jul 19, 2008 5:56 pm

we thought about and even dicussed it with our son's doctor after he was finally hospitalized. We had been back and forth to an ER for the fever and general sick looking and acting child. The ER doctor said the first day it was a resp infection and the second day it was Steven Johnson Syndrome when the rash appeared. My husband was on a military TDY and I was visiting family when my son got sick so we were far from his doctor. Our sons doctor requested the ER doctors name and such and with my permission sent this doctor my sons medical chart and a letter. A few weeks later we received an apology from the ER doctor and he paid all my sons ER bills himself. Did it make my son better No but it did soften my heart and remind me that the doctors are also human and make mistakes too

Angie
25+ Posts
Posts: 61
Joined: Sat Dec 24, 2005 10:42 am

Re: law suits for kd kids..

Post by Angie » Thu Jul 24, 2008 11:57 am

Nancy wrote:However, I rather quickly came to the realization that:

1 - I was not likely to "win" a suit against him...esp. a misdiagnosis for a disease which has no specific test
I agree. It would likely be very hard to bring up charges against a MD simply because they mis-diagnosed. It's very common with KD. My daughter was diagnosed with KD 3 1/2 years ago and she was put through several tests over 2-3 hour period of time at her doctor before her pediatrician finally said it "might" be Kawasaki's. That's when she sent us home and said she was going to set us up an appt with a specialist at the local children's hospital and when we got there later in the day they admitted her with Kawasaki's. I'm thankful my pediatrician was very quick to diagnos. It was all done within the same day. I think that's why our daughter has had no lasting side effects.
~*~Mommy to 3 wonderful children~*~ Member here since 2005
Daughter successfully treated for KD in December of 2005 at the age of 3.
Now a happy, vibrant, active 12 year old~*~

Greg
25+ Posts
Posts: 37
Joined: Thu Apr 14, 2005 7:57 pm
Contact:

Re: law suits for kd kids..

Post by Greg » Wed Jul 30, 2008 2:22 am

I am aware of cases being brought against doctors and hospitals. I don't know how many were "successful" or resulted in settlement. In my opinion, if there is the possibility negligence and your child faces a lifetime of costly medical issues, then it probably makes sense to consult an attorney. I know one attorney who has done a fair amount of research into KD. Feel free to contact me directly at gregorychin@yahoo.com.

Kiriston101
New Member
Posts: 1
Joined: Sat Jun 10, 2017 8:50 pm

Re: law suits for kd kids..

Post by Kiriston101 » Sat Jun 10, 2017 8:56 pm

I have a question about this also. I initially took my son to a Urgent Care clinic where no test of any sort were ran he just assumed it was strep and sent us on our way. The next day we woke up it was Mother's Day 2016 he was covered in a rash from head to toe. We took him to another clinic where they recommended we take him to the E.R. once in there they ran test and he was eventually admitted! After a day or 2 in the hospital they tried to rule out everything from Cancer to Other diseases and finally came back with KD he was treated but we were told if we wouldn't have taken him to the second clinic we would have waken up one morning and found him cold 😢 so my question is can we file negligence on the first doctor who ran no test on him at all?

Nancy
KD Forum Leader
Posts: 647
Joined: Mon Apr 25, 2005 6:49 am

Re: law suits for kd kids..

Post by Nancy » Mon Jun 12, 2017 8:05 pm

hi

just my two cents...

1- there is no diagnostic test for Kawasaki Disease (impossible since the cause remains unknown),
so the original urgent care center couldn't have tested for KD anyhow

2- I suspect being told if you hadn't taken him to the 2nd clinic, he might have died was a huge
exaggeration, since the mortality rate for KD is less than 2%

While I was very unhappy that my son's pediatrician misdiagnosed him, he was correctly diagnosed and treated
on Day 10 and made a full recovery (2002). He is now 22 years old, played competitive soccer all his life, just graduated
from college and runs 10 miles a day every day all year round for fitness ! If your son was diagnosed correctly
in time to be treated with IVIG, I think I'd just be grateful...

best,
Nancy

Post Reply