It is hard to tell you whether you have a medical malpractice case without looking at the records. Assuming the doctors in the ER negligently failed to diagnose lacerated nerves, however, the question will be what harm was caused by the delay in diagnosis. An extra hospital bill is not the foundation of a financially viable malpractice case. The idea is that you would have required the surgery if the nerve damage was timely diagnosed anyway. The articles below spell out the financially viable concept in more detail.
If you suffer from permanent problems as a result of the delay in diagnosis, and you want to investigate a medical malpractice 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.
Click here for an article that explains what you can expect when filing a medical malpractice case.
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Answered on Jul 17th, 2013 at 9:11 PM