AboutGlenn A. Dorfman Expertise Twenty-four years experience in personal injury, medical malpractice and medical product liability law. Practice currently concentrated on the diet drug (fen-phen) litigation. Qualified to answer all questions regarding injuries and the law, except for worker`s compensation.
Question At California State University Fresno on 05/12/09 I attempted to standup after sitting down during a lengthy class room lecture. Upon standing up, my right foot "flipped", causing myself to put my body's weight on it. I imminently felt pain in my right foot and could not walk. The next day, 5/13 I called my medical provider, Kaiser Permanente to obtain an emergency appointment to have X-rays taken. That same day, I saw Dr. Nasir Kamal at the Clovis location, who examined my foot and sent me to the Radiology department for “radiologic exam,foot, complete + view”. After Dr. Kamal reviewed my X-ray, he informed me the bone was “normal”. His reasoning for why I had a large “bump” on my foot and was experiencing extreme pain was because I tore muscle and ligaments.For the next few weeks, I restricted myself from physical activity even though Dr. Kamal said the bones in my foot were perfectly normal. Pain, swelling and a large bump at the site of injury still remained for the next couple of months. On 9/24/09 I made a second appointment to receive a second opinion, Dr. Cynthia Duke ordered a second X-ray for me at the Fresno location. This is when the radiologists and doctors finally saw a fracture on my fifth metatarsal bone. I was then referred to the Podiatry department where I saw Dr. Micheal Burns, he was the only doctor of Kaiser to diagnose the fracture. I asked him why the other doctors and/or radiologists could not see the fracture in the previous and current X- rays, he responded “You have to know what your looking for”.In conclusion, I believe the doctors in May should have properly diagnosed my fracture the first time. Dr. Burns indicted to me that the fracture is evident in my May and September X-ray, therefore I do not see how it was “missed” or “over looked” the first time. By their failure to diagnose, put me at a higher risk for a significant injury between May to September. Currently, I am on disability causing partial loss of wages from work.
Answer It may have been negligence and therefore, medical malpractice, to not diagnose the fracture but it is not a viable medical malpractice case. The reason is that your "damages" were minimal. Firstly, this apparently is not a case where surgery is required and the fracture you had was non-displaced. So, there would not be any particular treatment except to reduce use of the foot as much as possible while it heals on its own. Perhaps if the proper diagnosis was made you would have been given a boot or some kind of protective apparatus to protect it more but that's it. Correct? On the other point, even if you were "put at risk" for a more serious injury, the fact is, you didn't develope a more serious injury. Correct again? Finally, as to wage loss, wouldn't you have suffered that even if the proper diagnosis was made? So you see, although the doctor blew the diagnosis, it really didn't cause much if any additional injury or damage. Being from Canada, maybe you think here in the States if a doctor makes an error, you automatically qualify for big compensation. Not at all. Medical mp cases are always strongly contested by the doctor and it costs a lawyer a ton on money and time to pursue a mp case. So, unless the malpractice is very clear and strong and the damages very serious.......meaning severe and permanent injury and disability.........the case just can't be justified. Your foot will heal in time. Good luck
