QUESTION

Can I sue a hospital for giving me a wrong diagnosis?

Asked on Sep 07th, 2012 on Personal Injury - Texas
More details to this question:
I went to the ER on 8/18 because I fell on my arm and I had thought I broke my bone because it was extremely painful. They did some xrays and they said that it was only a contusion and gave me a prescription for pain. I was like this for about a week and a half and the pain never went away and I was not able to open my arm no any extent. Since I live in the border and dont have insurance here in the US, I went to a dr in Mexico and did some xrays again. It turns out that my elbow was dislocated, and it had healed in the wrong place, and thats why I was not able to move it and it was very painful. I had to get general anesthesia in order to get it fixed.
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1 ANSWER

Litigation Attorney serving San Antonio, TX at Graves Law Firm
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You can sue, but suing a hospital is a very expensive and traumatic process. No lawyer is likely to take your case on contingency, i.e. on an agreement to get paid only out of what he or she can recover for you, because the cost of preparing and presenting your case will be much higher than the dollar amount you are likely to recover if you win. In short, though your case may be a liability winner, it's a money loser. Thank your Texas legislature and Supreme Court, and while you're at it thank the insurance companies and your fellow citizens (juries who buy the insurance company line) for making it impossible for malpractice victims to get justice in the vast majority of cases.
Answered on Sep 16th, 2012 at 1:35 PM

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