QUESTION

Is the situation explained below Medical Negligence/Malpractice?

Asked on Jan 05th, 2015 on Medical Malpractice - New Jersey
More details to this question:
I was in a car accident in May, my right foot was crushed. I saw a Dr. who went back & forth between wanting to do surgery. He decided not to & said it would heal on it's own & put me in an orthopedic boot for 3 months. It didn't heal properly & after 6 months & Physical therapy I could still not walk or be on my foot so I went for a follow up & without doing any follow up tests, like a Catscan, he basically said to me there was nothing he could do now (meaning it's too late) & to "wait and see what happens". I am a 28 year old new nurse & I need to be able to walk & be on my feet so I got a second opinion. The 2nd doctor I saw took xrays and I told him what happened with the other doctor & he said surgery should have been done right after my accident and he took a Catscan and found a piece of bone fragment stuck in the joint of my toe causing most of my issue, he also noticed a dislocation in my foot that should have been taken care of with surgery originally/treatment. Neglegance??
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1 ANSWER

Catastrophic Injury Attorney serving Roseland, NJ at John J. Ratkowitz
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it sounds like you have good reason to be suspicious given the fact that (A) you are left with significant disability and (B) the second orthopedic physician is essentially telling you that the first doctor made the wrong decision. To know for sure whether your case is viable an attorney will have to obtain the pertinent medical records and radiographic films and have them reviewed by an expert. 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.   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 Jan 08th, 2015 at 10:40 AM

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