QUESTION
Can I sue a physician for putting a Cast on incorrectly?
Asked on Jul 11th, 2014 on Medical Malpractice - Florida
More details to this question:
I broke my wrist 7/24/12, when the orig cast became loose, another was put on, a different phy. put the cast on, he put it on too tight, and crooked. I complained the cast was hurting, and was rubbing on my wrist bone, I was told it was just a bad break. After 8 weeks of complaining, the cast finially came off and I had a crooked wrist. The pain was soo bad I could not do therapy. I tried to speak to the physician but got no where. I had another xray done, which showed, there were still un-healed fx's and problems in the wrist. I called another place, to get a second opinion. A hand specialist looked at my xray, did their own, and within 2 weeks I was in surgery, and just 2 and 1/2 weeks ago I am still having surgery. What can I do about this. I have lost much in time, money, and much, much, much pain.
1 ANSWER
Catastrophic Injury Attorney serving Roseland, NJ
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John J. Ratkowitz
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It is hard to tell you whether you have a medical malpractice case. First, bones can fail to heal in the absence of negligence. Second, to investigate an orthopedic malpractice case, an attorney has to have an expert look at all the pertinent x-rays. Obviously, if you did not expect to undergo repeat surgeries then you have reason to be suspicious.
Finally, if you are still treating you don't know what the outcome from all of this will be. If you don't have permanent problems as a result of the delay in treatment, there will be a question about whether the case is financially viable. Articles below explain this in more detail.'
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. This discusses the issue of financial viability.
Click here for an article that explains what you can and should expect when pursuing a medical malpractice case.
Click here, here and here for more information about me. Click here for summaries of some of the cases that I have litigated. Click here to review articles that I have published.
Since I am a lawyer, I need to advise you of the following when I communicate with you: 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 Click here for my website.
Answered on Jul 12th, 2014 at 6:57 AM