QUESTION

Do I have a malpractice case if the burns may not have been second degree if they would have paid attention in the ER and started treatment right away

Asked on Dec 18th, 2015 on Personal Injury - Wisconsin
More details to this question:
I was in the ER. I had a huge red area on my under part of my thigh and a smaller area on my knee. I had previously had a knee injury. I did not put a cloth or nothing, just put the ice pack on my leg right away. Well about 30 mins or longer, I noticed my skin had hard spots, I thought the ice pack broke. Put it in another baggie and it happened again except larger. So I have up with that thinking it leaked. Well 20 minutes later, I notice those areas are red they are hot and burn bad, so because I thought it leaked on me, I raised to the ER. I got in right away, nurses getting me checked in, it was a whirlwind because they were not busy. The doctor comes in. I explained my knee injury and then I'm telling him about the marks. I'm trying to stand and show him the red areas. He doesn't even look at the area, presses on my knee, says I must see a chiropractor and that they don't offer MRI and an X-ray would not help. He ends up giving me a leg immobilizer that 1 did not stay on and 2 was over the top (according to my NP). The ER doctor gave me one pain pill for the night so I could sleep and did not ask how I had gotten to the ER, so I had to drive on a narcotic at about 3am. A few days later, I go and see my nurse practitioner to be told that I actually have 2nd degree burns that has been going on treated.
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1 ANSWER

You might have a claim for malpractice, but your damages may not be great enough to justify the expense of a lawsuit. (Please be aware that the docs' insurers fight like hell and do not like to settle, and the doctors themselves even more so.) Consult a personal injury lawyer in your area who has pursued med-mal cases. He or she can give you the best advice. Good Luck
Answered on Jan 08th, 2016 at 9:48 AM

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