Obviously if the casted your daughter under the pretense that she had a fractured leg and that was incorrect, someone made a mistake. It is hard to understand how this happened because if she was seen by an orthopedic surgeon it is likely that he and the radiologist reviewed the films. While you can understand how two separate physicians might miss a fracture that was hard to diagnose, it seems very unlikely that two different doctors saw the same fracture that did not exist.
Assuming you have a case, the real question is whether the case is financially viable, because if your daughter suffered no lasting damages, you will have a hard time finding an attorney because the damages will not justify the time and expense of a medical malpractice lawsuit. The articles below explain this in more detail.
If you 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. This discusses the issue of financial viability.
Click here for an article that explains what you can and should expect when pursuing a medical malpractice case.
Click here, here and here for more information about me. Click here for summaries of some of the cases that I have litigated. Click here to review articles that I have published.
Since I am a lawyer, I need to advise you of the following when I communicate with you: 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 Click here for my website.
Answered on Feb 17th, 2015 at 7:08 AM