What legal actions can I do for an injury due to improper medical care?

No.

For your initial question ("What legal actions can I do for an injury due to improper medical care?") you can, if you cannot reach a settlement with the hospital or its insurer, sue the nurse or hospital. I cannot answer whether you have a case against the nurse or hospital for putting the wrong brace on your wrist as I do not have enough information nor am I a doctor. Generally, to establish medical malpractice you must prove each of the following: (1) the generally recognized medical standard of care; (2) a deviation from that standard by the doctor; (3) that the deviation was the proximate cause of your alleged injuries; and (4) the nature and extent of your injuries and damages. More simply, that the medical professional did something wrong that other medical professionals would not have done. In most cases, a doctor must establish (usually through his or her testimony) these items. I think the key issue in your case involves #3, which is, whether having the wrong brace on your wrist "compounded" or made your wrist injury worse. If you would have needed surgery regardless of whether the wrong brace "compounded your injury, you likely do not have a case. However, if the wrong brace is what caused you to need surgery then you might have a case. Another item you should be aware of is the statute of limitation, which is the period of time in which you have to either have a case settled or a lawsuit filed. If you do not do these items before the statute of limitations expires you lose all rights to collect money. In general, the statute of limitations for medical malpractice is two years from the date of the injury. However, if the hospital was operated by a city, county, state, a political subdivision or the federal government, there is a different procedure you must follow to be able to pursue your case as well as different time limits. You should talk to an attorney as soon as possible to find out, at the minimum, how much time you have to make a claim, as well as whether you have a case.

An essential element of any medicla malpractice case is damages. You would have to determine through competent medical testimony that the actions of the emergency room actually caused you damage. If there was no damage caused, there is no case.

Only a medical doctor can say about whether you have a case. does not seem to be so, but if the doctor agrees with you it might work as a malpractice case.

You have a case only if a qualified expert agrees. You should talk with an attorney who specializes in medical malpractice.

You would sue for MEDICAL MALPRACTICE. You have to PROVE that the ER was NEGLIGENT.

IT is highly unlikely that the improper brace for a few days will cause this damage. In a medical malpractice case you need a doctor to sign an affidavit that the alleged negligence caused you injury. These cases are difficult to prove and expensive to prosecute.

It will be difficult to prove that you would not have needed the surgery if they had not put the brace on wrong. If you can find a doctor who will say that you would not have needed the same surgery except for the brace issue, then maybe you have a case. Sounds like an incompetent emergency room but you have to prove it caused an injury and that there were damages resulting from the negligence.

You would need a doctor to give you an affidavit that the nurse's actions caused additional injury (your belief that it did is not enough). Also, it is possible that you damages, if there was malpractice, would not be significant enough for you to find an attorney willing to take the case. Many attorneys require at least $500,000 in medical costs or lost wages caused by the negligence before they will take such a case.

In order to prove a medical malpractice case, a claimant must prove a failure to conform to accepted practice, resulting in an injury. So the question here is the extent to which the original injury was made worse. Unfortunately, medical malpractice cases are very difficult, expensive and time-consuming and they do not settle. It could easily cost $25,000. So unless your injuries are severe, you could lose even if you win.

This is not a good or even decent medical malpractice case even though the nurse was wrong.

You could probably claim the cost of the first brace. Unless your doctor is willing to testify that your injury was exacerbated by this error you have a poor case.

If the orthopedic doctor that you saw after the emergency room will indicate that you would not have required surgery if you had been treated properly in the emergency room you might have a case depending on whether the torn ligament has led to any permanent damage because it was not timely recognized and treated. Proving that thee torn ligament got worse over the next few days until you saw the orthopedic doctor and that it could have been treated without surgery if treated properly in the emergency room or that the surgery he did was more complicated due to the delay is a challenge in terms of telling you whether you have a case or not.

I really doubt it. I've never heard of a brace causing a ligament tear. Most likely the tear existed and you would have had surgery no matter brace they use or didn't use. Without seeing the medical I can't say for sure but, I would avoid this case at all costs. Does your ortho attribute any injury to the brace? If not, you are dead on arrival.

You should consult with a plaintiff's medical malpractice lawyer for specific legal advice and direction regarding your medical problem and treatment.

Does the ortho agree with your belief of compounding the injury? If yes, you might have a claim. If not, you might not have a claim.

Only if you can prove that the ER caused it.

You will need a DR. to state, in writing, that negligence occurred and that you were damaged as a result thereof. It does not appear that your damages are substantial enough for you to incur the expense of a medical malpractice case.