QUESTION
if my fractured wrist which was dislocated was not set properly by the dr. in the er which in turn led to having to have surgery do i have a case?
Asked on Feb 21st, 2013 on Medical Malpractice - Texas
More details to this question:
on friday 2-8-2013 myright wrist was broken due to a fall at my home. went to the er, 1 xray was taken, found a fracture of the rt distal radius. the dr. told my husband it was just a "simple" fracture so the dr numbed the wrist straightened it but did not "set" the dislocation, put it in a type of wrist to elbow splint did not do a follow up xray to make certain the bones were aligned properly, referred me to an ortho & sent me home with naproxen & tramadol. told me to call the ortho the next day (2-9-2013 sat) which i did but i got their answering service & was told they were closed & i would have to call back on the following monday which i did. was seen on 2-12-2013 & was told that if i had been seen within 24 hours it probably could have been set but due to the fact of it being 4 days & it was not set in the er like it should have been, it would require surgery with a placemement of a plate & screws which i did on 2-15-2013. they could not believe that it was not set
1 ANSWER
Catastrophic Injury Attorney serving Roseland, NJ
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John J. Ratkowitz
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You have a potential malpractice claim, but if the damages are limited to the need for a second surgery, it probably is not economically viable. If you are left with permanent restrictions as a result of the mistake, that is a different story.
The articles below discuss the issue of financial viability. If you do want to investigate a case further, 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, ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.
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 Feb 22nd, 2013 at 10:59 AM