QUESTION

xrays misread by 3 doctors

Asked on Jul 13th, 2015 on Medical Malpractice - Texas
More details to this question:
march 2014 2 yrs my daughter fell and hurt her arm took her into the ER they took xrays and said their was no fracture got discharged with an arm sling followed up with pediatrician also got x rays done their got told the same thing was concerned so got a sent to a specialist told me the same thing . so that was 3 opinions July 6 2015 i bring it up and x ray gets done their a dislocation of the elbow another specialist see the xray and the first one done back in march 2014 was mis read she had been with a disclocated elbow all along she will have surgery and some difficulties as told by the ortho surgeon i seek advice
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1 ANSWER

Catastrophic Injury Attorney serving Roseland, NJ at John J. Ratkowitz
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I am not telling you anything you probably haven't already thought of, but the fact that multiple healthcare providers did not diagnose the problem in separate diagnostic tests suggests that the diagnosis was not obvious and this argues against malpractice. At the same time, given the age of your daughter and the potential long-term complications, I think you should be able to find an attorney who would be willing to open a file and investigate the case. One option is waiting to see how she recovers from the surgery, because if she is left with no long-term problems than the delay in diagnosis won't support a financially viable case. If you are going to do that, check with a local attorney about the applicable statute of limitations.  If you are interested in pursuing this further 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. 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 for an article that explains how and what clients are charged when they hire an attorney to pursue a medical malpractice case. Click here for an article about damages and how we come to conclusions about what a medical malpractice case is worth. 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. If you found this information helpful, I would appreciate it if you would click here and take a few seconds to provide some feedback online. Please understand that by answering your question in this informal forum I am not acting as your attorney. I am not doing anything to protect any legal rights that you have.  Medical malpractice cases need to be thoroughly investigated and to know whether you have a viable case, an attorney usually has to obtain and review all of the pertinent medical records and consult an expert.  John Ratkowitz, Esq. 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 Jul 16th, 2015 at 7:11 AM

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