I had a broken wrist. I had a titanium plate put in. I haven't been able to use my have properly since. I have to have surgery again next week, because I had X-rays taken and the doctor says that the surgery has to be completely redone. The plate in my wrist is incorrectly positioned and the bones were not straightened out correctly. Therefore I have to have surgery again. Is this medical malpractice?
Medical malpractice cases are a high hurdle—they’re expensive to pursue and require meeting strict thresholds before you can even file. That’s likely why multiple attorneys have declined to take your case. A stronger angle may be whether your broken wrist was caused by a third party you could sue directly. Even if there’s a theoretical malpractice claim, the original tortfeasor, the person who caused the broken wrist( if there is one) , would typically be responsible for those damages caused by a negligent doctor.
Dear David,
I am sorry to hear about your medical complications during and following left wrist surgery. There are many stages to an inquiry to determine if there is a potentially viable Medical Malpractice case. The attorney will need more personal information about you and will need to consider what the full effect any medical error has had on what the likely outcome would have been in the absence of the error. Ultimately, medical expert opinion(s) will be necessary to determine whether the standard of care was breached during your surgery and if such a breach directly caused or contributed to causing you serious and permanent injuries. We 1st explore these issues and review records prior to deciding whether to send them out for review by appropriate medical experts free of charge to you. We give free consultations and if we take the case, it would be on a contingent fee basis. These cases have pre-suit requirements and are often very tough and time-consuming. Furthermore, the Statute of Limitation for bringing a complex Medical Malpractice lawsuit is relatively short. Although you provided basic information, it is not possible for me to respond other than to suggest that you consult an experienced Medical Malpractice attorney for a deeper dive. Start this process with a free consultation sooner rather than later. Providing the necessary medical records may help speed up the process for the reviewing attorney. We cannot solicit, so you will have to reach out. Best, Loren L. Gold, Esq.
Consumers can use this platform to pose legal questions to real lawyers and receive free insights.
Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.