More details to this question:
May 8 injured at home went to ER. Explained what happened in detail. Xray was taken. DX sprain ankle. Given a brace and crutches. Given work excuse to be off 1 day and limited standing and walking until may 12. Here's the first issue... With the DX of sprain the treatment should have included wrapping and 3-5 days off work followed by 3-5 days restrictions and followup with ortho. On may 17 I returned to Er and was DX with fracture placed in temp cast and given referral for ortho. Was informed on this day that original xray was read as arthritis instead of fracture. If had been correctly diagnosed on may 8 or even been correctly treated for DX of sprain including given referral for ortho....there would not have been delayed healing resulting in at this point an additional 3-12 weeks of elevation, missed work and loss of job and possible surgery. Clearly on may 8 the radiologist and MD were incompetent in DX and treatment.
1 ANSWER
Catastrophic Injury Attorney serving Roseland, NJ
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John J. Ratkowitz
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Obviously, if the radiologist failed to see a fracture that was diagnosed a couple of weeks later, you have reason to suspect that you received negligent care. Nevertheless, if the delay in diagnosis did not cause you a permanent problem, then you likely do not have a financially viable case. 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 May 24th, 2014 at 1:57 PM