I went to a hospital ER unconschience with a head injury (swollen eye, lacerations to the head) no nose injuries- and i was released being told i had a broken nose - the person that picked me up was also told the same thing but the xrays were negative- 2 weeks later i was in the er for a complication with medication and fell- and they did a cat scan AND am now told that i have 5 fractures in my face that are 2 weeks old... because originally a cat scan was not done. i spent 4 days in the hostpital having them looked at and also a hemetoma in my brain and have been referred to a plastic surgeon and am told that 2 of the fractures could cause sinus or vision problems. i am insured. what can i do?
1 Answer from Attorneys
Re: mal practice
Whether or not you have a medical malpractice claim depends upon whether the delay in treating the fracture or the hematoma has injured you. If the treatment you now receive is the same that you would have received and produces the same result, then you do not have a claim. If the delay has injured you -- for instance, if the delay in treatment causes you to lose your sight when, had you been treated correctly in the first case you would not have, then you do have a case.