QUESTION

Do I have a medical malpractice case against the doctor?

Asked on Jun 17th, 2013 on Personal Injury - California
More details to this question:
I injured my knee in Jan-2013. Made a visit to my Family Dr. The swelling and pain was very bad, so he sent me to a Bone and joint specialist that day. The Specialist did a Ex-ray and schedule me a MRI. He told me My MRI and X-ray was Good. Then he exclaimed to me it one of those injury’s that comes with age when your very active, Gave me a cordoson shoot, a constriction brace and prescribe a pain med's. Informed me to take pain med's if the pain comes back and to use the contraction band when swelling accrue, several month past. During that time the pain and swelling came and went . I followed Dr order's to the tee with the pain med's and band, one night my dog snatch away from me and I ran about 10ft' the pain in my chest almost knocked me to the ground, I could not breath felt like I just ran a 100 yrd dash, I sat down and in about 5 min everything was ok, went home and got into the bed, about 5 am my knee and lower legs started to burn and felt like I ran that 100 yards dash again , made appointment with my Dr. that morn. I told him about the Knee pain, chest pain and hard to breath. He checked my knee it was a little swollen my V/S was good, so he did a blood test and the numbers was off the chart, sent me straight to ER, ER did a chest X-ray and found I had a embolus in my right and left lung. They admitted me that day, I stayed in the Hospital 7 days being treated. The Hospital Dr. and the staff that worked on me found that the embolus originate behind my knee, the MRI and X-ray showed I had a Chipped boned, a possible meniscus tear and some Arthritis. They stated the injuries, the swelling and me wearing the contraction band caused the blood to pool behind my knee and form clots. After doing a little investigation my family Dr took a look at my first MRI and X-ray that was done by the Bone and Joint specialist in Jan-,his report on my MIR and x-ray showed the same damage back in Jan. He told me everything looked good, knee was good.
Report Abuse

8 ANSWERS

Ronald A. Steinberg
A result like that does not mean that the doctor did anything wrong. You need to consult with a doctor who can explain what happened. You could talk to a malpractice lawyer, but if you came to me, I would not consider it a valid claim.
Answered on Jun 27th, 2013 at 3:50 PM

Report Abuse
On your description, you certainly have a medical malpractice claim against the bones/joints specialist.
Answered on Jun 19th, 2013 at 9:34 PM

Report Abuse
James Eugene Hasser
Fortunately, you came out ok. Unfortunately, because you came out ok and did not die or suffer catastrophic injuries, any case you may have will probably not be worth the cost of pursuing. You may want to run it by a medical malpractice lawyer, though.
Answered on Jun 19th, 2013 at 9:25 AM

Report Abuse
Criminal Defense Attorney serving Anderson, SC at The David F. Stoddard Law Firm
Update Your Profile
To successfully sue for malpractice, you need three things: 1. Evidence that the doctor/nurse deviated from acceptable standards of due care, either by act or omission. This is also referred to as negligence. A bad outcome, in of itself, is not evidence of negligence. You need a doctor to testify that the doctor/nurse was negligent. 2. Evidence that the negligence cause some harm. 3. Significant damages. If the negligence caused minor damages, it would not be economically feasible to bring a ,malpractice case, because the cost in expert witness fees would exceed your damages. I know some malpractice attorneys who require at least $500,000 in medical bills or lost wages caused by the negligence before they will consider the case. In your case, you first need a doctor's opinion that the Bone and Joint Specialist's failure to diagnose and treat the chipped bone and meniscus tear were a result of negligence. Second, and this is very important, the doctor must also give an opinion that your long term outcome will be worse because of the missed diagnosis. Usually you have to find a medical malpractice attorney to help you get these opinions.
Answered on Jun 18th, 2013 at 2:24 PM

Report Abuse
General Practice Attorney serving Portland, OR at Furniss, Shearer & Leineweber
Update Your Profile
Possibly, you need a reputable doctor who will be willing to testify in court that the care provided fell below the standard of care required of a physician of that specialty and that that such negligence was the cause of your problem.
Answered on Jun 18th, 2013 at 2:18 PM

Report Abuse
Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
Update Your Profile
You have what might be a very complicated medical question. it is not a legal question. only a qualified doctor could answer your question. And you must find one in order to make a claim, that is, if you have a claim.
Answered on Jun 18th, 2013 at 2:17 PM

Report Abuse
Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
Update Your Profile
In order to prove a medical malpractice case, a claimant must prove a failure to conform to accepted practice, resulting in an injury. A bad result is not enough, and if it is a "judgment call" by the doctor, there is no malpractice, even if the doctor made the wrong call.
Answered on Jun 18th, 2013 at 1:18 PM

Report Abuse
To determine whether you have a case, get all your medical records and show them to a lawyer.
Answered on Jun 18th, 2013 at 12:54 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters