niece having surgery

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my niece fell down the are steps upstairs two day ago, she puked and hurt right afterwards, her mother took her to the docs and they said she was just whinny, so she took her home then this morning she was still sick and hurting so they took her to the other hospital and found out her splean is bleading and will have to be removed. she is only 9 years old. i told her mom to contact a lawyer and see if she can sue what do you think?