QUESTION
An 88 year old FINALLY got the hip X-Ray that he needed since the last one in 2005. But his PCP failed to order a hip X-Ray even though asked.
Asked on Aug 05th, 2012 on Medical Malpractice - California
More details to this question:
The PCP referred the client to a cardiologist instead of to an orthopedist. The cardio doc ordered the hip X-Ray which revealed the complete disintegration of the hip ball and most of the hip socket.. If the PCP had followed up the 2005 X-Ray with another when the hip pain increased, the deterioration might have been able to be diagnosed and treated while the patient was still young enough to undergo surgery. Now, in 2012, 88 is too old to suffer through a hip replacement. Therefore, we believe that the PCP''s failure to diagnose or use the right diagnostic tools or make the right diagnostic referral has contributed to the client''s pain, suffering and widespread deterioration of the quality of life including, but not limited to; cessation of driving, swimming and other exercise such as yoga; necessity to use a walker, multiple falls, injuries from falls, hospitalization after falls, depression, and suicidal thoughts.
1 ANSWER
Catastrophic Injury Attorney serving Roseland, NJ
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John J. Ratkowitz
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Assuming your factual analysis is correct, you may be able to prove that the primary care physician was negligent. Nevertheless, I think you're going to have a difficult time finding an attorney to take on the case because the advanced age of potential plaintiff is going to raise issues about the financial viability of the case.
You should contact a local medical malpractice attorney (one in your state). They take these cases on a contingency basis which means you only have to pay if you succeed. Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys. Then, visit each attorney's website and look for a firm that has a record of successful verdicts.
Below are some articles you may find helpful. They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.
Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case.
Click here for an article that explains what you can expect when filing a medical malpractice case.
Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com Skype: john_ratkowitz Web: www.starrgern.com.
Answered on Aug 06th, 2012 at 1:27 PM