QUESTION
Do I have a medical case? Can I sue Doctor?
Asked on Nov 23rd, 2012 on Medical Malpractice - Indiana
More details to this question:
I had previous broken my ankle, resulting in a chip. My surgeon said that he could drill into the bone and create blood flow that would hopefully make the chip reattach. He did not tell me that he had never performed this procedure before. He also drilled too far, damaging the second joint in my ankle, as well as failing to fix the original joint. I had to have 2 more surgeries, ultimately having to fix the second joint. It is the second joint that now gives me pain when I walk, it is permanently damaged and I require orthotics now for my shoes and the damage means that my flexibility is hindered and that something such as too much walking, or even an odd step, can have me limping for a few days. This is actually based in Ireland.
1 ANSWER
Catastrophic Injury Attorney serving Roseland, NJ
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John J. Ratkowitz
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Orthopedic malpractice cases are difficult because there is often a bit of speculation involved in analyzing how a particular outcome occurred. If you have a permanent problem that is significantly impacting your life, you may have a case worth investigating. It certainly sounds like you have evidence that suggests that the doctor made a mistake during the first surgery.
If you want to investigate a malpractice 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 and here for more information about me.
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 Nov 26th, 2012 at 9:54 AM