The family has public funding to investigate a claim
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The parents of a two-year-old whose legs had to be amputated, may sue a health trust for damages.
Tony and Jodie Cross of Chippenham say doctors failed to diagnose a rare bacterial complication in October 2003.
Lydia's blood was poisoned by the infection and her legs were amputated before Christmas.
Kennet and North Wiltshire Primary Care Trust (PCT) has been contacted by the family solicitor and told a potential claim is being investigated.
Lydia was first taken to Chippenham Community Hospital in October 2003.
The Cross family alleges it took three days for doctors to admit her for specialist help.
Doctors at Bristol Children's Hospital diagnosed Lydia as having haemophilus influenzae type B (HIB) and the amputations were carried out at Frenchay Hospital.
The family's solicitor Anthony Fairweather, of Clarke Willmott in Bristol said: "On one occasion it was diagnosed as an ear infection.
"The family now has public funding to investigate a claim and is obtaining medical evidence.
Official inquiry
"Depending on that evidence, the motivation of family is two fold - to obtain answers, and to try and create financial security for Lydia in the future as she will now have the needs of a disabled child."
In December, the PCT announced it was to hold an official inquiry and said it would work with the local GP co-operative to investigate Lydia's treatment.
On Friday at spokesman told BBC News Online: "We have been contacted by the family solicitors and as such we are unable to comment specifically at this time.
"We once again express our sorrow that this has happened and confirm that the internal investigation is ongoing and the details will be supplied to the relevant authorities in due course."