QUESTION

Nonunion caused from loose hardware

Asked on Jan 12th, 2014 on Medical Malpractice - California
More details to this question:
My husband had an injury to his ankle which resulted in a broken ankle. He followed up with a doctor who told him he needed surgery to regain stability long-term. This doctor had him weight bearing too soon and did not even cast his ankle after the surgery. He ended up with a nonunion and after trying different treatment options with a new doctor decided to go ahead with a second surgery with this doctor. The reason that his ankle never healed was because the hardware in this ankle was loose and the broken bone was spaced out too far. My husband believes that the first doctor had him weight bearing way too soon and did not protect his broken ankle even when he requested it. Thankfully he is walking again after being off work for 7 months, but he cannot resume most of his activities, still in a fair amount of pain, and walks with a sometimes heavy limp. He is only 38 years old. Does he have a case against the first doctor?
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1 ANSWER

Catastrophic Injury Attorney serving Roseland, NJ at John J. Ratkowitz
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If you can prove everything you saw you probably have a case worth investigating. The problem you will face is that ankle fractures can fail to fuse even in the absence of negligence, so even if the doctor was negligent you will have a proximate cause battle on your hands. I recently represented a young lady who had an ankle fracture that took about a year to start healing. She received a second opinion and that doctor recommended repeat surgery, but the first doctor convinced her to stay the course, and eventually the bones healed. The difference is that in her situation, the hardware held the fractures stable.   In any event, given your husband's age and his condition after the second surgery, the case could be substantial. To know whether the case is viable, an attorney will have to secure all of the pertinent medical records and the radiographic films and submit them to 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.  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 Jan 12th, 2014 at 8:34 PM

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