More details to this question:
I was taken to the emergency room by ambulance after falling and injuring my leg. I was given Xrays and a CT scan of hip. I had swelling on the leg above the knee and intense pain. Nothing was done to contain the swelling. Nothing was done to support the leg. I was even told to step on it although I couldn't. I had to ask for crutches and a brace so I could get home. I was told nothing was broken and that it was "just a sprain". I was sent home again because I couldn't be admitted "if nothing was broken." Turns out that I had broken my femur badly and I was admitted to another hospital 4 days later!! I learned I had been at high risk for blood clots that entire time! I had surgery and have been in rehab for 3 months. Now I am getting bills from the first hospital and I don't think I should have to pay for that kind of incompetence and suffering for 4 more days! Do I have a case? The second MD said that likely their actions caused further damage to my leg.Thank you.
1 ANSWER
Plaintiffs Personal Injury Attorney serving Charlotte, NC
Partner at
Price, Petho & Associates P.L.L.C.
2 Awards
A misdiagnosis in and of itself is not necessarily malpractice. In order to make out a medical malpractice claim you would have to prove that the misdiagnosis was a result of medical negligence in treating you. You should also be aware that the standard of proof required in the emergency care cases is higher than in cases against say your primary care provider.
I think the bigger problem may be your damages. You are entitled to actual damages for the harm actually caused, not for what could have happened. I don't know what further damage you may have suffered but I believe he would have been very difficult time proving your case.
Answered on Mar 10th, 2016 at 6:33 AM