QUESTION

does my mother have a malpractice case,on a broken knee cap?

Asked on Oct 11th, 2012 on Medical Malpractice - Kansas
More details to this question:
dr, in okla told my mother that she only had arthritis in her left knee,and that it was,nt anything he could do. when it was evident that he was wrong,her left leg bows backwards when she walks,causing much pain.brought her to topeka kansas to see the dr. he says this should have been fixed long ago. now it will take much longer for her to heal, because she listen to the lie the dr. told her in okla.
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1 ANSWER

Catastrophic Injury Attorney serving Roseland, NJ at John J. Ratkowitz
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It sounds like your mother received negligent care, although to know for sure, you would have to have someone look at the records and the pertinent radiographic films.  Even if you can prove that the first doctor made a mistake, the major issue you will have to face is wether the case is financially viable. Assuming she gets better with the appropriate treatment, a delay in healing alone will not likely justify the time and expense of a medical malpractice lawsuit.  The big question in most failure to diagnose cancer cases is whether the plaintiff can prove that the defendant’s negligent care proximately caused the damages suffered by the plaintiff. In essence, the plaintiff must be able  to show that earlier intervention would have changed the outcome. This is  a fact sensitive inquiry. An attorney will have to review the medical records and often get experts to review the pertinent radiography films to determine when accepted standards of care should have compelled a doctor to investigate the possible diagnosis. Then, if it is determined that the cancer was present and detectible, the next question becomes what was the likely stage/prognosis when the cancer should have been discovered. If the cancer was at an early stage when it should have been discovered, the case is more likely to be viable. If you want to investigate your case further, 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.  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. 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 Oct 12th, 2012 at 1:56 PM

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