How to sue...and advice?

Question

As you know from the topic I don't know how to sue. My story is that I want too sue my son's doctor for messing up his arm. See my son broke his arm during football and I was there too see how it looked after it broke. After going through the doctors and casts the end result is my son got a very deformed arm and now has to get surgery even though the doctor repeatedly told us it'll heal almost completely in time (We got more then one opinion after he told us this, I didn't believe him because of the severe deformality of my son's arm) So the second new doctor we went through gave us actual evidence and proof that he needed surgery (Xrays, past patient reports patients of course going anonymous, medical book, etc.) Now I feel the need to sue. Any advice of what coarse of action to take would be appreciated greatly. Advice on what kind of lawyers and what too do when talking to them is also heavily thanked.

Some key things are that people have told me many times that my son had his cast put on the wrong way (They say the other kids got it put the opposite way of what he had it like) and in addition our main doctor repeatedly told us that he did not need surgery and will be fine if left alone when another doctor says and provides evidence that he does need surgery and that it will probably be even worse if left alone.

Answer 1

Well, the cause of action is one for Medical Malpractice, if indeed there was malpractice.

Its an interesting thing that in this country, if the patient doesn't completely recover and is even better than before they fell ill (or injured) many want to blame the doctor and sue.

You can look in your phone book or call your local bar association for attorneys who practice medical malpractice law. The laws of your state will govern the procedure you must follow and will also determine how likely you are to prevail and the damages that are awarded.

Before you do that, ask yourself this question: Am I mad because the doctor did something wrong that caused your son's arm to be deformed and needed additional surgery? Or am I mad because my son's arm is deformed? If the physician did something in his treatment that caused the deformity, you *might* have a cause of action. If he did not, then you might not want to pursue it much further. Consult an attorney licensed in your state for more advice.

Answer 2

You will want to contact a malpractice attorney to present your case. Most will give free consultation.
There are several factors of causation that will have to be proved, and you will have to be within your statute of limitations for your state.

To your additional statments - "people" does not constiture medical advice and failure to heal does not equal malpractice. Depending on the break casting can be done in numerous ways. At the time of the break he may not have needed surgery, but due to issues in healing a later surgery would become necessary.
Contact an attorney if you feel you have been wronged, but a differing opinion between to orthopods does not make malpractice. Who is to say the second opinion isn't the one that is incorrect?
I will tell you that in a malpractice case there will be experts on both sides saying that the other side is wrong.

Answer 3

Contact a medical malpractice attorney in the state and county where the doctor who treated your son is. They will determine whether or not you have a case.

Call your local bar association for some referrals to medical malpractice attorneys.