QUESTION
Can I sue the ER doctor if we didn’t get the proper attention and medication?
Asked on Apr 17th, 2014 on Personal Injury - Florida
More details to this question:
I took my 6 year old to the ER because she fell while playing. I took her to the ER and the doctor acted like he didn't care. We told him that her arm is swollen and she could not feel her fingers and her elbow was black and blue and the size of a grapefruit. They took an X-ray and 10 minutes later. He said it just sprained. The nurse gave her some Motrin and sent her home. They didn't not give her a sling or no pain med for the pain. Accident happened at 3:30. It was like they were trying to hurry and get us out of there. We were the only ones in there. The nurse said if it gets worse then go somewhere. At 9:30, the pain got worse so we took her to another hospital they took X-rays. Then that Monday, we took her to and orthopedic doctor and he said it was broke put a cast on it. Then took an X-ray and there it was broke, sent us home with some pain meds and said to come back in three weeks.
8 ANSWERS
Edwin K. Niles
Medical and dental malpractice claims are, by their nature, very difficult. Under California law, it is necessary, before filing suit, to obtain an affidavit from another professional, verifying that he has reviewed the medical charts and has found that there was negligence. This can cost several thousand dollars, and most attorneys expect that the client will cover this cost. Negligence could be defined as the failure to use REASONABLE care; not all bad outcomes are the result of negligence. You should also be aware that there is a cap on the amount of recovery for ?pain and suffering?, thanks to the doctor lobby. Sometimes one has a good case theoretically, but the damages are too small to warrant a suit. For these reasons, not many lawyers handle malpractice cases. You should seek a specialist. You can contact your LOCAL bar association for a referral.
Answered on Apr 22nd, 2014 at 9:52 AM
Ronald A. Steinberg
No. No damage due solely to the delay in casting the arm.
Answered on Apr 22nd, 2014 at 9:52 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Don't know what you have here. you have 2 doctors who x-rayed the member and said it was not broken and then a third doctor who says otherwise. how does anyone know the truth of the matter?to bring a malpractice claim you must get all the medical chart info and have a doctor review it, then ask him the question. see a PI lawyer for a full review.if you have a claim it is not a large claim and may not attract a lawyer to handle it. it will take 20000 dollars worth of a lawyers time to prosecute a suit and lawyers are not willing to do that unless the damages are large.
Answered on Apr 18th, 2014 at 6:52 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Did your daughter suffer any injury because of how the E.R. treated her? No. The injury already occurred and it did not get worse. So you really don't have a viable claim. You could report the way you were treated to the hospital management. You might at least get an apology.
Answered on Apr 18th, 2014 at 3:29 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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You are describing a situation I have seen many times: it is entirely possible, even likely, that the E.R. and/or the attending physician committed malpractice. Unfortunately, these cases are so expensive, time consuming and difficult, that it probably isn't worth pursuing as a practical matter.
Answered on Apr 18th, 2014 at 3:29 PM
James Eugene Hasser
Maybe, but the cost of making the claim would probably outweigh the potential recovery. Whether malpractice occurred will require the opinion of a medical expert, which can be expensive. You can wind up spending more on the opinion than you could get out of the case. You still may want to consult a medical malpractice lawyer, though. You also may want to consider lodging a complaint with the hospital and the medical board.
Answered on Apr 18th, 2014 at 3:23 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Yes, it would appear that there was an error made. The real question is whether or not you have sufficient damages to support a litigation. Given the fact that there has been no permanent damage and the fracture is now being treated my recommendation would be to go back to the emergency room and ask them to cancel any bill their planning on sending to you.
Answered on Apr 18th, 2014 at 12:52 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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Bringing a claim for medical malpractice is far too difficult for you to attempt alone. As a matter of fact, very few personal injury attorneys handle medical malpractice claims because they are so fraught with complicated requirements. In my opinion, unless the treating orthopedic surgeon renders the opinion that the outcome of the healing of the broken arm is significantly worse because of the delay in the recognition of the break, I doubt an attorney would be willing to pursue the case.
Answered on Apr 18th, 2014 at 12:47 PM