Can we file a malpractice case for a missed pelvic fracture in the E.R.?

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.

If the delay, in and of itself caused an injury you have a Case, but if the delay didn't make it worse, what can you sue for?

Not likely. first, I suspect the hospital has an explanation different from yours. Make sure you know what the emergency room records say, not what you say was said or done. and even if the hospital made an error it is a case if no harm no foul or very small harm and very small foul. You have to prove damages, not just that someone failed to diagnose if the error were found quickly as you suggest, what is the harm? What is the foul? What is the damage?

It takes the opinion of a medical expert to answer your question. Medical malpractice lawyers typically have such experts available. Consider consulting one.

Only if she suffered additional injury because of the miss.

Given the facts you provide, your sister probably does have a claim against the emergency room for failure to diagnose the fracture. But it may not be in her best interest to pursue a lawsuit. We estimate that the litigation expenses alone, excluding attorney fees, will run $30,000 to $50,000 for the "average" medical malpractice case - these are costs for which the plaintiff is responsible regardless of the outcome of the claim. Only those cases where there is catastrophic injury requiring significant future medical expenses do the damages warrant the risk of litigating the claim. If your sister suffered no harm in the delay of the diagnosis, then she is probably better off not filing a lawsuit. But if her care and ultimate outcome was harmed by the delay, then she should talk with a medical malpractice attorney. Please keep in mind that you have a two year statute of limitations in Colorado for filing a medical malpractice claim, you must file within two years of the act of negligence or lose your right to do so. Other time limitations may apply.

It would appear that you most likely have a potential medical malpractice case on the missed diagnosis. In order to successfully prosecute such you will have to have a physician testify to that fact. Additionally, you should realize that the damages that you might be able to recover will be limited to those which are caused by the malpractice itself, and not all of the various medical bills etc. which were occasioned by the auto accident.

If the break should have been caught and was not discovered, that would appear to be medical negligence. As for repercussions, if your doctors (probably not the doctors your sister is currently seeing because they will be reluctant to testify on your sister's behalf) say that but for the emergency room doctors missing the breaks, and that that caused your sister to have permanent injuries, then you probably have a viable case for medical malpractice.

The problem is, that regardless of the malpractice (even if obvious and provable) these cases are very expensive and time consuming. It takes tens of thousands of dollars and hundreds of hours of attorney's time to bring a successful malpractice action. Doctors and hospitals know this, which means they can get away with malpractice if the result is such that it won't be "worth" pursuing from a lawyer's point of view. So the question really is, whether the failure to diagnose has made her recovery significantly more difficult than it would have been otherwise. If so, call a few med-mal lawyers in your area, maybe someone will be willing to take it.