QUESTION

Do i have a negligence case?

Asked on May 09th, 2014 on General Practice - Michigan
More details to this question:
A doctor told me, my son and fiancé that there was nothing in my son hand and that his hand will heal and all I had to do was clean it, wrap it with dressing and keep it dry. His hand started getting black and it started getting bigger. I then took him to urgent care and the doctor there told us his hand has something in it and for me to soak it and to put pressure on it until I can get it out his hand. so I was upset cause I did ask the doctor at the hospital did he have something in his hand and she said no every time I asked. I called the hospital and told them and all they could say was to bring him back in. No were sorry or any thing. I want to know is that negligence on they part?
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1 ANSWER

Appellate Practice Attorney serving New York, NY
It seems like a pretty good medical malpractice case (a form of negligence), although (assuming your son will recover fully) his recovery would not be astronomical because his damages would only be a few extra days of suffering and the extra medical costs.  It would be malpractice if the doctor's failure to diagnose the problem was because he/she did not act with the ordinary amount of professional skill; it would not be malpractice if, a doctor acting with the ordinary amount of professional skill, would have missed the problem.  The fact that the second doctor did correctly diagnose the problem suggests that the first doctor screwed up.
Answered on May 09th, 2014 at 12:25 PM

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