Medical Malpractice: Patient Sent Home from the E.R. With a Perforated Appendix

My question involves malpractice in the state of: MA. My healthy child went to the ER with Right Lower Quadrant pain, vomiting, diarrhea and rebound pain. Blood test showed that her white blood cells were slightly elevated and she had a 99.3 temp. After CT scans and x-rays, they could not see the appendix, but said that there was a lesion on or behind her ovary, and the doc said there was some "free fluid" in her abdomen that she wasn't sure of the cause. ER doc sent us home with papers about "possible appendicitis" and talked to us about ovular follicle bursting upon pushing for a diagnosis. We were told to come back if symptoms got worse. The following day, still in pain, still vomiting, I brought her to a different ER, they were concerned that she had appendicitis and put her in an ambulance to a renowned pediatric Hospital. There, she was diagnosed with a perforated appendix and was put on I.V. antibiotics for 4 days. The docs at this hospital could not remove the appendix simply now, because of the infected area was too dangerous to operate. Now she is home with antibiotics for 3 weeks and waiting to schedule appendectomy. She had every textbook symptom of appendicitis and both of the follow up hospitals were quick to point out the classic symptoms of appendicitis. Did the first E.R. neglect to respond with proper urgency, given the time sensitive nature of appendicitis? Is this a case of negligence and what are the bullet items that make a case for malpractice?

Medical Malpractice: Patient Sent Home from the E.R. With a Perforated Appendix