QUESTION
Do I have a case? The doctor would not listen to me about my consern and do a simple x-ray for over 2 months that ended up me losing my toe.
Asked on Jul 12th, 2012 on Medical Malpractice - Indiana
More details to this question:
i pleaded with wound doctor to please do an x-ray because i was in so much pain. And was worried that the infection had got in my bone he kept teling me not to worry about that because the end of my toe was still pink even tho it was black at the bottom towards my foot. (I have pictures). He finally took an x-ray and seen that the bone had infection in it and then sent to specialist and they had to remove my toe because of how long the infection was there the specialist told me after surgery that it had been there for about at least 2 to 3 months. I did not hit my toe on any thing I believe the wound doctor broke the bone when was poking the wooden stick done in the wound by foot was alway protected with a huge bandage and walking shoe. Is this considered a case since I lost a body part due to him refusing to do an x-ray for 2 months when i requested every week?
1 ANSWER
Catastrophic Injury Attorney serving Roseland, NJ
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John J. Ratkowitz
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You may have a medical malpractice case. It sounds like you contracted osteomyelitis, which is a bone infection. The question is whether earlier intervention would have resulted in a different outcome. Osteomyelitis is a very insidious infection.
Contact a local medical malpractice attorney (one in your state). Medical malpractice attorneys work on a contingent fee basis, which means they only get paid out of the proceeds of the lawsuit if you win. They provide free initial consultations. Sometimes an attorney will ask you to pay a "retainer" to cover the some of the expenses of a case, this is an issue that varies from office to office.
Below are some articles that you may find helpful. Although they are written for my clients in New Jersey, most of the concepts carry over to other jurisdictions.
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 Jul 13th, 2012 at 9:56 AM