More details to this question:
My husband went to a ER when his arm went thru a window a car window at that. We get into the hospital they take him back but before cleaning or doing ex rays they start calling police like we did something wrong! n then start stitching him up 2 days later his arm swells up we think it's a blood clut but when we go back for a 2nd time they do a X-ray n he has over 20 pieces of big glass in arm then the nurse takes him into fast track doesn't put him to sleep an starts we cutting on him in a totally diff spot n digs all in his arm for 3 hrs n got a cple of pieces out only after 3 hrs n turns to him n says that's all I'm doing you have to go see a surgern.like really if they would have done it right the first time instead of worrying about police then my husband wldnt have to be cut on twice n the first one they cut him open wide awake n was 2-3 inches deep. Do I have a case
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Catastrophic Injury Attorney serving Roseland, NJ
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John J. Ratkowitz
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It sounds like you received inadequate care on the first visit to the ER, but the question will be whether the damages caused by the delay in receiving appropriate care warrant the time and expense of a medical malpractice lawsuit.
Medical malpractice cases are very costly and time consuming for lawyers to pursue, and in most circumstances attorneys will not take them on unless a patient suffered a significant permanent injury that causes substantial disability as a result of the medical mistake. I probably would not take on your case because I do not think I would be able to cover the time I spent on it with the fees I was awarded through a contingency arrangement. Nevertheless, attorneys have different standards. Some attorneys will take on cases that are less profitable because they do not have sufficient business to turn borderline cases away. Additionally, you may be able to convince an attorney to take the case on if you agree to pay the expenses along the way.
If you do want to investigate a 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.
Click here for more information about me. Click here for more information about my firm.
Answered on Sep 18th, 2012 at 9:55 AM