Is it medical malpractice if a doctor misdiagnoses a seizure disorder which allows more seizures to occur and should have easily been diagnosed?
Question Details: My son was diagnosed at the age of 4 with epilepsy and immediately medicated. The medication controlled his seizures 100%. A few years later he was taken off meds. About 5 years after that, he began complaining of deja vu and other symptoms leading me to believe he was having seizures again. Unfortunately, it was happening mostly at school and no one in the family had witnessed any new seizures, however I made him an appointment anyway to have him checked out seeing that he had a history of seizures. Before his scheduled EEG, he had a seizure at the kitchen table witnessed by my other 2 children, his stepfather and myself. His father thought he was faking it for attention and even after we had finally witnessed one, prior to my son's appointment he emailed the doctor telling him that my son was faking it and that I was encouraging it because I had epilepsy and wanted that bond with him. So on the day of the scheduled EEG, the doctor told me about the email in the hallway while my child was having the EEG done. At the conclusion, he said that there is some seizure type activity showing but that that could happen to anyone with sleep deprivation this was a sleep deprived EEG. He said that instead of seizures he thought that he was having migraines and was confused, so her ordered my son to see a mental health therapist. Then, 2 weeks later, my son had a tonic-clonic seizure. Followed by a second one only 20 minutes later. We rushed him to the hospital where he had another seizure witnessed by the hospital staff. I refused to see the same doctor and instead got his nurse practitioner who immediately diagnosed epilepsy and put him back on medication. Does the further unnecessary seizures, which I believe are due to the doctor not giving him the proper care because he instead listened to an email from my son's father, qualify for injury caused by malpractice?