QUESTION
Do I have a case? Broken arm not caught in emergency room because they didn''t xray whole arm?
Asked on Jul 31st, 2012 on Medical Malpractice - New York
More details to this question:
Hi, my son fell 2 weeks and 1 day ago. He is 7 and only weighs 53 lbs. He fell approximately 5 feet and landed on his arm. I took him right to the emergency room from the camp it happened at. The camp had made him a hand made splint for safe travels to the hospital. They did 3 xrays: wrist, shoulder, and elbow. None of these showed any problems. I called his pediatrician who again looked at the xrays and despite my son being in a lot of pain said everything was good, put ace bandage on (more than the hospital said), ice every twenty minutes and pain reliever. They also said the appearance was funny to me because of the swelling as it was very swollen. 2 weeks passed and my son was still babying his right arm (he is right handed). So I made another appointment where we re-xray''d his wrist which again was fine. We went back for an xray of his forearm and it clearly showed a fracture of his radius shaft which had started healing.
1 ANSWER
Catastrophic Injury Attorney serving Roseland, NJ
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John J. Ratkowitz
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You may have a viable medical malpractice case, although it is a case I would be skeptical of. First, the fact that more than one doctor did not see the fracture suggests that it was not easy to diagnose. The fracture may have worsened over time making it easier to diagnose by the last physician.
The other problem with the case is going to be whether it is economically viable. Medical malpractice cases are very costly and time-consuming. Therefore, in most circumstances a patient must have suffered a significant permanent injury as a result of the medical negligence for the case to be financially viable. Children heal well, so hopefully the delay will not result in a permanent problem for your son. The fact that the fracture is not in a joint also bodes well. If he is left with permanent residual problems, then it might be a viable malpractice case.
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 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 Jul 31st, 2012 at 4:15 PM