I was involved in a car accident and spent 3 days in the hospital. Sometime during my stay I noticed my wrist began to ache tremendously. I called in the doctor and he took an x-ray. He told me I had a ganglion cyst in my left wrisat and that is why it hurt. He said I should see a wrist specialist if it begins to be too painful after I am released. About a month and a half after I was released I decided to go see a wrist specialist. My wrist still ached it seemed to have almost swollon and I could hardly bend it. When the wrist specialist came in from the x-ray room he informed me I had no cyst in my wrist that actually I had fractured my wrist in two places. Now that two months have passed my fracture has not healed bdue to irritaion from using my wrist. I now have to have bone graphing and pins inserted into my wrist. I do not unsertand how the first doctor didn't see that it was broke from his x-ray it is clearly fractured. Any advice on if I have a claim and who to contact?
2006-07-20 10:40:59 · 16 answers · asked by Anonymous in Business & Finance ➔ Insurance
yes, you have a claim. You can sue the doctor and the hospital. As long as they are not a charity hospital. I am a retired RN and have known of cases less than yours going to court--or actually they will TRY to settle with you out of court. That is ridiculous to have suffered that long with a broken wrist so you should be able to add on 'Pain & Suffering" to your claim--any lost work time due to the pain and swelling and go for the additional costs of having a new surgery! Get yourself a lawyer, explain your case and he will probably take you on and just get a part of the settlement. Run--don't walk to the attorney of your choice!
2006-07-20 10:49:23 · answer #1 · answered by The Hit Man 6 · 3⤊ 0⤋
Do you have a lawsuit? Yes. Will it amount to anything? Probably not.
Here's how to tell: Contact a couple ambulance chasing attorneys, and see if you can find one to take it on contingency. My guess is you won't. If you can't find a lawyer who will take it on contingency (ie, they get 40% of the outcome, if you win or settle), then it's not going to be worth your while to hire a lawyer at $200 an hour to pursue this.
Here's why: Although the doc may have misread the Xray, it will heal eventually now that it's being properly treated. You aren't out medical bills if your health insurance picked it up, And you may not have missed more than a couple days of work. There won't be a permanant injury, the monetary damages are probably under five figures, and it just will be more hassle in the system than money it's worth.
2006-07-20 11:46:56 · answer #2 · answered by Anonymous 7 · 0⤊ 0⤋
is there any record taken of your complaint - that your wrist hurt during your hospital stay?
You should get a letter from the doctor that set your bones and make him write out a statement saying in his professional opinion how old the injury is and why he had to set it with pins etc.
Contact a personal injury lawyer and if you don't have money do it according to percentage - if he thinks you have a case then you will - but go for a respectable lawyer with a proven track record
Yes you probably have a good case - if it was documented
2006-07-20 10:50:02 · answer #3 · answered by prettymama 5 · 0⤊ 0⤋
From this short description, it appears you would have at least enough to contact an attorney and determine your options for a course of action.
I'm not litigious, and not sure if you are, but this certainly seems to be a case of misdiagnosis by the original physician. What you don't mention is if you have his original (incorrect) diagnosis in writing...which is ground you can cover with your attorney.
2006-07-20 10:43:54 · answer #4 · answered by Timothy W 5 · 0⤊ 0⤋
Yeah, you sure do have a law suit there. I knew of a guy who was having a heart attack for three weeks and the doctor kept telling him it was just gas or something. Finally the heart attack turned into heart failure. He is OK now, but that doctor needs to be punished some how for negligence.
2006-07-20 10:45:09 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Contact an attorney - like advertise on the tv every 15 minutes. Yes you can sue but it's not "major" although it hurts --- you will end up settling out of court. I'm sure you'll receive compensation.
2006-07-20 10:43:22 · answer #6 · answered by butterfliesRfree 7 · 0⤊ 0⤋
Get a medical opinion, if possible a written diagnosis. Then go see a lawyer who specializes inmedical malpractice. From what little I can tell, you may not have a strong case.
2006-07-20 10:42:46 · answer #7 · answered by paanbahar 4 · 0⤊ 0⤋
If you are absolutely sure of what the first doctor told you then you have a malpractice case. Did you ever hear of getting a second opinion? Why did you wait so long?
2006-07-20 10:44:02 · answer #8 · answered by rb_cubed 6 · 0⤊ 0⤋
you shouldnt have waited that long.
its not his faults you waited more then a month. but it is his fault he missed informed you. because im sure if you would have known it was fractured, you would have wait straight away. if you have money i say u have a lawsuit. but if he wasnt a specialist in Xrays. then. i dont know. hehe good luck with that.
i hope u wrist gets better :)
2006-07-20 10:45:07 · answer #9 · answered by Anonymous · 0⤊ 0⤋
ok, clearly the doctor is an idiot
however, WHY THE HELL DID YOU WAIT SO LONG TO SEE A WRIST SPECIALIST?????
That is pure ignorance on your part. Pure ignorance. You got what you deserved.
2006-07-20 10:44:27 · answer #10 · answered by xeroxpoop 3 · 0⤊ 0⤋