Legal Question in Medical Malpractice in New York

Can I sue a hospital for misdiagnosis? My son went to the hospital with arm pain and they diagnosed him with a slight scapula fracture. I went to a specialist and they took more xrays and diagnosed him with a broken scapula. What am I able to do about this?


Asked on 5/28/10, 4:21 pm

1 Answer from Attorneys

Pasquale Calcagno Calcagno & Associates, PLLC

I am sorry for your son's ordeal. In a medical malpractice or misdiagnosis claim you have to prove two elements 1) liability, i.e., whether the doctor or hospital deviated from the standard and care and 2) damages (the extent of your son's injuries).

Medical malpractice cases are complex and costly to litigate. As such, when a lawyer determines whether he will take a case the extent and/or seriousness of the injuries is a major factor.

I need more information from you about the facts of your son's claim but one problem you may have is proving whether the error of a slight fracture as opposed to a break in the scapula had any significant difference in the type of treatment he was given. Moreover, if the answer to that question is yes, did the changed treatment (or lack thereof) make his injuries worse or complicate his condition.

Contact me, Pasquale Calcagno, Esq., for a free, no-obligation consultation at 1(800)WE-FIGHT or visit us on the web at www.1800wefight.com. We have experience in medical malpractice cases involving misdiagnosis. We have convenient locations in Manhattan, the Bronx, Brooklyn and Staten Island and can even have an attorney come to you for free. No fee to us unless we win your case.

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Answered on 5/28/10, 10:02 pm


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