Legal Question in Medical Malpractice in Missouri

I was in an accident about 6 months ago. I broke my right ankle and tore my left knee meniscus. I went to the emergency room by ambulance. Received absolutely horrible care there. They took x-rays, but sent me home without crutches, and told me that nothing was broken. The next week I went to another doctor, who told me my ankle was broken and I needed surgery to fix it. My husband and I called the hospital where I was seen first. They said they would look at the x-rays again. Two days later a doctor called back from the hospital who said it was not broken, and said that after looking at the x-rays again that "yes, my ankle was broken." I am wondering if I had been told that my ankle was broken in the beginning and not put any weight on it, if I would not have needed surgery. After reading these facts, could someone tell me if I have a case for medical malpractice against the emergency room that saw me in the beginning?


Asked on 2/24/10, 10:39 pm

1 Answer from Attorneys

Michael R. Nack Michael R. Nack, Attorney at Law

Obviously you would need a medical expert (physician) to review the medical records to answer your question. Then, if there was negligence on the part of the ER or hospital, the next question would be: "What are my damages worth?" Pursuing relief on a Medical Negligence claim almost always requires a lawsuit and almost always costs a great deal of money to pursue. People who have been hurt quite often do not have enough legal damages to justify the cost of litigation. Still, you might be able to consult with an attorney who can direct you to a person for review of the records, and then pursue the claim for settlement purposes or litgation if you choose to do so and can afford to do so.

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Answered on 3/02/10, 10:07 am


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