Legal Question in Medical Malpractice in New Jersey

I was injured at work in Oct 2008, in which I fell from a loading dock and suffered a right distal radial fracture. While in the ER, despite the obviously excruciating pain from the broken wrist, I also complained of intense pain in my right elbow. The ER x-rayed the elbow and said the elbow was sore from the fall and it would heal on its own. After discharge, I also notified my WC Dr about the same pain and it was noted in his records (as well as the PT records) of the continued pain. This June, after further xrays and an MRI, they finally acknowledged the right elbow had sustained a fracture during the fall. The advice I was given from the WC Dr was to see if the pain would subside after I received a shot of cortizone. I received the shot and hoped for the best, however he said if the pain continues or worsens, then we can explore the options of surgery. The pain has all along been present and has continued to grow to intollerable levels. Next week I am finally slated for orthoscopic surgery to remove the bone fragment and clean up the area. I have suffered for the past ten months unnecessarily because of their inability to listen to the patient and follow common medical procedures. I have heard that elbow fractures are a fairly common accompaniment to fractured wrists (from a ground level fall). I fell over four feet and complained of this pain in the hospital all along. I'm not a Dr, but I fear long term damage as a result of the procrastenation that occurred. Thank you for your consideration in this matter.


Asked on 9/09/09, 9:22 am

1 Answer from Attorneys

Daniel Cevallos Cevallos & Wong, LLP

I can't tell from your facts but it appears that this is a work-related injury, in which case you could be entitled to workers compensation. Feel free to call our offices to discuss your options and recovery. My direct line is 267.639.3105.

Read more
Answered on 9/14/09, 9:28 am


Related Questions & Answers

More Medical Malpractice Law questions and answers in New Jersey