Is This Medical Malpractice?

Question

Doctors in the ER took Xrays that night and sent my fiancee home without a collar or anything. 3 days later they call and say "Well, we think you have a broken neck, come in for a collar." Then for the next 2 years he has severe pain shooting through his arms and legs and they act as if he is crazy and actually told him he had everything from "Fibromayalgia" to "Post Traumatic Stress Disorder" everything but what was really wrong in the first place. We were jerked around for about 2 years. They actually refused to give him medication for pain when he needed it. Until one day he collapses and seeks treament somewhere else. The new docs said that the whole thing stemmed from his broken neck not healing properly causing him nerve damage and the result of pending surgery for it. He now has a paralyzed hand and pending surgery that he should have had immediately after the accident. I want your opinion. If you are a doctor or attorney please state that in your answer.

I have never sued anyone in my life. I am not a sue-monger. We have documented evidence to show he was not treated properly. We are not out to ruin anyone's life by suing them. This hospital also has had other cases where neglect resulted in death or young and old. There was no disclaimer on the release papers that said anything about "Doctors not being radialogists" Even so, the new doc we are seeing said by looking at the current X-ray that a child could have seen this break. If he would have moved the wrong way in the three days he went without a collar he could have been paralyzed from the neck down.

Answer 1

Most ERs have a disclaimer on their discharge instructions that state the ER physician is not a radiologist, and that all films will be reviewed by a radiologist. If the ER doc missed something, the hospital will call and arrange for the appropriate care. It sounds like they did that with calling him to come back in for a C-collar.

So, I don't think the original ER would be at any fault, but perhaps his family physician, or the physician he saw after the diagnosis may be.

Answer 2

It is not possible to tell you if a case is malpractice by your description. The medical records, x-rays, etc would have to be reviewed. With what you have described, I think you should request copies of all your records and take it to a medical liability attorney and see what they say. They can have a reviewer go over it.

To win a case, the plaintiff would have to prove that the physician (either by their malfeasance or neglect) caused harm and that this harm caused the patient to suffer damages.

Neither I nor anyone else should render an opinion on a case described by the potential plaintiff without looking at facts.

I don't practice emergency medicine, nor am I a spine surgeon. As a general rule, I feel that people are looking for reasons to sue physicians as a payoff, so I have some bitterness toward litigious people and many lawyers (just being honest, here).

Personally, I have never been sued, but I have had good friends go through it (all of them successful) but it takes a big toll on their personal life when they go through the process. I have seen at least one good doctor leave the profession just because of the legal hassles, and that is a loss to all of us.

If you decide to proceed with a lawsuit, please make sure you have had an independent physician look at the records and give a neutral opinion. Many times people have so much difficulty with a problem, they seek a person to blame. Remember, the doctors did not break your fiancee's neck and it is always a possible defense (I don't know your case) that the fracture would have healed unfavorably no matter what. For example, many fractures, including those of the spine, are what are called "non-operative". They are just observed and braced for comfort, and may heal with extra bone which can pinch nerves.

Keep an open mind and gather the facts. I am sorry for your future husband's pain and suffering and that the medical profession has let him down. I wish him and you well for the future.

Answer 3

Something sure sounds fishy...what really bothers me is the treatment that he received over the last 2 years. It is suspicious. Sending him home without the collar could be because ther was no indication of injury but a subsequent review of the xrays spotted the problem. This happens all the time because medical people are like us, not perfect. But the way your fiance was treated for 2 years smells of malpractice. I am not a doctor or lawyer.

Answer 4

Did he follow up after the ER gave him a collar? Meaning, did they give him advice to follow up with someone?. I work in a ER, and it can happen that after a radiologist reviews the xray, he sees somethng the ER doc didn't. Or sometimes, the xrays are faxed to a radioligist, and after additional review, they see something the first doc didn't see. So, it's not unheard of. Alot of times, people don't follow the advice the ER gave them for follow up. You can check with an attorney, heaven knowsthey are always looking for a case!! Good luck hope he feels better

Answer 5

You may have a case, but some one would need to look at your fiancee's case and medical charts. I would consult a lawyer and have someone screen his case to see if there were any deviations for the normal standard of care. Once this is done then the lawyer can proceed with a possible lawsuit.
I have screened a number of cases for laywers in my 17 years as a RN.
I am a Legal Nurse Consultatnt and perform these screenings for lawyers.

Answer 6

Yes. You should get an attorney. This falls under malpractice and nonfeasance.

You have a very good case against the hospital and can stand to win a lot of money in court.

ANY attorney would LOVE to sink their teeth into THIS case. Hospitals have a lot of insurance money to cover big lawsuits like this one.

Go for it!

Answer 7

that is severe medical malpractice and he could stand to gain alot of money not only for hospital negligence, but the doctors. he has suffered pain and discomfort for 2 years and not one of them was able to diagnose him properly even though they had the medical equipment and assumed knowledge to do so. he needs to find a very good lawyer that will go with him all the way, because if he intends to fight it, the hospital will put up a fight. hospitals never like to admit they've done something wrong and will keep on fighting you until they know you have no more money left to pursue your case. one think i know for sure is that the new doctor has to be willing to state that your b/f's problems stemmed from inadequate treatment that he should have recieved from his 1st visit after his accident. if you don't get another professional ie. doctor to come forward and say that..he'll get something, but won't get alot. and it should be noted that other doctors don't like to go against other professionals, i know that from personal experience.

Answer 8

I'm not a Dr. or attorney but sounds like the hospital messed up. Consult an attorney. Consultations are usually free.

Answer 9

a large style of med mal cases settle with confidentiality agreements. how are you going to locate those? You seem "statistically challenged..." as in no longer understanding something approximately valid statistical comparisons. i'm particular there are various abortion-correct matters you could write approximately that don't contain statistical stupidity. advice: Write approximately "The annoying situations in looking the guidance required to construct a valid statistical assessment of scientific malpractice cases." Step # a million: examine statistical assessment. subject solved!

Answer 10

Definatly,and your right it is called a Malpractice.you can sue and whoever is responsilbe,even nurses.When it comes to medical staff and lawyers its difficult but always successful.Good luck.