Can I do anything if my son broke his hand and wasn't given medical attention?

File a complaint with the administration. Thats my advice.

Only if the delay made the hand worse than if it had been treated immediately.

You can write the administrator of the facility, but unless it got worse from the delay, there is no case for a lawsuit.

Yes you could bring an action. However, you will have to prove your son has been harmed by the negligence of the facility. Specifically, you will have to prove that the delay caused additional harm to your son that would have been avoided if the x-ray had been taken right away. I would suggest bringing a claim against the facility for negligence when your son initially broke his hand. Good luck!

Yes there are things you can do in the situation you described. First, you can report the facility to the Department of Health and Human Services, Public Health, Licensure Unit. You can find their contact information at http://dhhs.ne.gov/publichealth/Pages/crl_crlindex.aspx. Second, depending on the circumstances, the facility may be responsible for the costs of the x-ray. Third, your son, or you on his behalf, could make a claim against the facility for your son's pain and suffering. With regarding to bringing the pain and suffering claim, the process would depend on whether the facility was operated by a political subdivision, such as the state, county or city, or whether it was a private facility. There are different requirements for filing a claim against a political subdivision. This response is based on the limited information provided, makes certain assumptions, and assumes that all events took place in Nebraska. In addition, this response is not a substitute for professional legal advice and does not create an attorney-client relationship, nor is it a solicitation to offer legal advice. If you ignore this warning and convey confidential information in a private message or comment, there is no duty to keep that information confidential or forego representation adverse to your interests. You and your son should seek the advice of a licensed attorney in the appropriate jurisdiction before taking any action that may affect his rights. If you or your son believe you have a claim against someone, you should consult an attorney immediately, otherwise there is a risk that the time allotted to bring the claim may expire.

There should be some liability, however, pursing it is another matter. It would seem that having an injury as serious as a broken bone would merit medical attention. But, you would have to prove that the staff knew or should have known of the condition and failed to act. Also, it may be difficult to prove damages, in other words, how much worse off he is due to the delay. At a minimum, I would file a complaint with the State OMH. They do take it seriously.

For a medical malpractice case to be worth pursuing there must be substantial permanent injuries. These kinds of cases are expensive and labor intensive. Only a severe injury warrants the costs, commitment and risk of loss that an attorney must assume.

Whenever the doctors eventually do the correct procedure, the malpractice evaporates in terms of a legal case.

If your son suffered additional injury as a result of the delay, particularly if there is now some permanent injury that would likely have not occurred if he were treated in a timely fashion, you may have a legitimate case against the facility or if a doctor was involved, the doctor. That is very fact intensive. You would need to consult an attorney as soon as possible to look into that.

First of all, how did he break his hand? Regarding withholding medical attention, or not offering it promptly, provided he is not further damaged, there is little that can be done. Theoretically, you can sue for damages for pain and suffering from delayed treatment, however, that will be difficult to impossible to prove. If your son sustained an injury as a result of the delayed treatment, that is a different story. Ask his doctor if a 3 day delay caused him any permanent injury. While you could not recover for the initial injury, if not negligently caused, if damage is attributable to the delay, you may be able to recover. Speak with an attorney about more details.

You can do a couple of things. You can file a lawsuit if it appears that the delay in your son's care caused him pain or made the injury worse. You can also report the matter to state agencies that monitor these facilities. You should make sure your son gets all follow-up medical care and consult a lawyer right away.

If you can prove this was medical negligence (failure to diagnose?) you could sue for pain and suffering for 2.5 days and for any difference the delay made (likely none) you should let appropriate government officials and newspapers know of the neglect if such it was so that it might not happen again.

You don't really have a case unless your son's treating doctor will testify that the 72 hour delay in seeking treatment caused your son's rehabilitation to be negatively affected.