Personal Injury Law (Accidents/Slip & Fall)/medical malpractice

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Question
Broke my left ankle in february 2013, I saw the same doctor every week for 3 weeks. He did not even take a xray until a month later.eVENTUALLY HAD TO get surgery with 8 screws and plates. Everytime I saw the doctor he only wanted to give me pain pills. He didn't even look at my foot. I told him it hurt a lot had trouble walking. I was in this pain for almost a month until he eventually took an xray. Do I have a lawsuit. I know have trouble walking balance issues etc.

Answer
This is an easy one.  Certainly appears from your story that this doctor you saw for 3 weeks did commit malpractice.  However, I doubt that you have a malpractice case.  Why you ask?  Because a malpractice case is very costly and time consuming to your attorney and unless the damages are into the 6 figures at least, it just isn't worth pursuing.  Also, it is guaranteed that if you did sue, the doctor's insurance company would have the best lawyers working on an hourly basis and they would spend hundreds of hours fighting your case which your attorney would have to deal with. Although you no doubt suffered and had a lot of pain until you received the proper treatment, that alone is not nearly enough to make the case economically viable.  The only circumstance where you might have a case is this:  If the delay in getting the xray and referal to the orthopedic surgeon made the injury much much much worse, then it could be argued that the negligence/malpractice of the first doctor did cost you........big time.  In other words, if when you first saw that doctor and it was a simple break that could have been treated quite effectively with no more than a set of the bone and a cast for a few weeks and because this was not done, you continued to try and walk on it and this is what caused you to need the surgery and hardware, that might be a case.  Again, because the malpractice had serious consequences for you.  If you think that might be the case, discuss it with your surgeon.  Of course, since there were no early xrays, he probably couldn't say how your injury differed when you first saw that doctor until you saw the orhtopedic surgeon.  In summary, sounds like you were seeing a negligent doctor who ought to be sued but the damages that you can prove simply aren't enough. Hope this helps.

Personal Injury Law (Accidents/Slip & Fall)

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Glenn A. Dorfman

Expertise

Thirty-two years experience in personal injury, medical malpractice, medical product liability law and class actions. Qualified to answer all questions regarding injuries and the law, except for worker`s compensation. Actively involved and fully experienced in litigation regarding recalled hip implants as well as the Mirena IUD.

Experience

Hundreds of satisfied clients in previous litigation

Organizations
California State Bar Association in good standing since 1976. Federal District Court

Education/Credentials
Jurisx Doctor degree 1976

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