Baby Doe, 6 months, had an appointment with a physician at the Roe Family Physician office where the baby’s parents were concerned over asymmetrical folds in the baby’s right thigh and buttocks. The family practice physician misdiagnosed Baby Doe and said that all was well.
Six months later, another physician, a specialist, examined Baby Doe who had by then begun walking with a limp. The child was diagnosed as having a right hip dysplasia, which required hip surgery, including a femoral shortening.
The Doe family, on behalf of the child, sued Dr. Roe and her medical practice alleging that she chose not to diagnose a congenital hip problem. The defendants asserted that the baby’s problem was developmental, not congenital and was therefore not diagnosable at an earlier stage.