Legal Question in Medical Malpractice in Illinois
Mis-diagnosed broken foot
I went to the E.R. on the morning of 9/7/02 after a fall in my home. I explained that on a scale from 1-10 my foot was in a 9 pain area. I have a very high tolerance for pain, too! The pain was on the top of the foot and also had a knot there. They took x-rays and diagnosed me to have a sprained ankle. I was not shown the x-rays at that time. Three weeks later I visited my Dr. because of the intense pain I was still having.He said next week he would x-ray again if it was still swollen. It was, and he discovered a severe break and another bone chip. I picked up the original x-rays and they only x-rayed the ankle, that is why they ''missed the break''. Now, since it has been more than 4 weeks, they can't do anything. Physical therepy and possible surgery to insert pins. The orthepedic dr said that if they had caught it originally, I would have had a cast for 6 weeks and would be fine. The E.R. was totally negligent in their treatment, I had always stated that my ankle didn't hurt at all! Please advise, Thank You.
3 Answers from Attorneys
Re: Mis-diagnosed broken foot
It would be irresponsible for me to judge the quality of your claim from a medical perspective. It does legally viable if the facts stack up as you present them.
You may have the right to bring a malpractice action against the earlier medical care providers. To maintain such an action, you must have a sworn statement by a suitable medical professional that, after having reviewed the records, the professional believes malpractice has occurred. Your later orthopedic doctor is likely qualified to make such a statement. If he/she will back you up, you stand a good chance of over-coming the first hurdle in a medical malpractice action. See a lawyer on this. This isn�t the kind of case that a layperson can handle.
This e-mail reply does not constitute legal advice and does not establish an attorney-client relationship. We provide responses to email questions for information purposes only. The information is provided as a convenience, and we make no claims, promises, or guarantees about the accuracy, completeness, or adequacy of the information.
Re: Mis-diagnosed broken foot
You may have an excellent case of Medical Malpractice.
The E/R should have been more careful in taking x-rays from the relevant portion of your body and they didn't which has caused you to suffer permanent injuries which possibly will cause you future pain and suffering and additional medical expenses.
You have a limited time to file a claim. Medical Malpractice can become complicated very fast and the best recommendation is not to try it alone and without help of legal counsel. First thing you need is to get your medical records at hand before you get in touch with an attorney. In Illinois to file a claim, an opinion from an expert is needed to substantiate possible negligence or your claim will be dismissed. I would advise you to get your medical records, and contact an attorney of your choice. My office can help you if you so desire.
--
Good Luck
NBT
Re: Mis-diagnosed broken foot
Please call our office regarding this matter.
1(800)322-0359
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
