I took my 2 year old son to the emergency room after a fall. He couldn't move his arm at all. They did X-ray's. Then sent the doctor in who said he saw nothing on X-ray. But sat there twisting and pulling and pushing on his arm making him scream in agony. He did 3 more sets of X-ray's after doing so. Still saw nothing. Ordered a splint cast for him and said it would make it feel better. It wasn't twenty minutes after leaving, his entire arm from fingertip to shoulder was purple. I called them and they told me to loosen it. It wasn't tight. They just had the splint in the wrong spot and it was cutting off circulation. I took him to a different hospital where they took the cast off and called over for the X-ray's and they sent them the first one that showed a simple fix of nursemaid elbow. So she popped it back in. But it was already too far gone as, according to the orthopedic, the first hospital fractured it trying to put it in place.
This certainly sounds like it could be medical malpractice. However, to be actionable, there must be some sort of permanent injury to justify damages. A good medical malpractice lawyer would have to get much more information.
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