Legal Question in Medical Malpractice in North Carolina

medical malpractice but can't find attorney to help

Saw orthopedic dr for pain in hip/groin area.Dr diagnosed bursitis 11/01 without x-ray.Continued to deteriorate yet Dr.continued with treatment consisted of a great deal of walking and drugs.I could no longer walk and requested and was rejected for a handicap sticker.My pain was great and I could no longer live a normal life.The 2 request sticker angered Dr. stated I did not have that kind of pain needed the exercise.He finally agreed to take an xray 9/24/2002. Dr now diagnosed avn would need DR. he would arrange.Dr later said needed different Dr did not see 3/03.Saw hip specialist at Duke said was bone on bone not avn needed total hip.My 1 surgery on 5/22/03.Hip was removed due to infection on 7/15/03.Had unsuccessful surgery for new hip on10/27/03 still infected. 11/11/03 again surgery because of infection.Received new hip on 2/26/04.The Dr negligent for not xraying,caused huge delay for me to be correctly treated,my health deteriorated.I was without a hip almost a year very ill from infection caused great hardship on family,finances,emotions and my health.I continue to be in

pain and handicapped.I have contacted attorneys but all have turned me away,to busy ect.Is there no attorney that I

will find that will help me?HELP!

Asked on 7/23/04, 4:12 pm

1 Answer from Attorneys

William Horsley William F. Horsley, P.A.

Re: medical malpractice but can't find attorney to help

I suspect the reasons no attorney has taken the case have to do with the possible damages that could be recovered in the event the prosecution of the case was successful. It is likely that, had your condition been properly diagnosed, you would have required the hip replacement, anyway. Therefore, what you are talking about in terms of damages is, essentially, a year of pain and suffering. Given the cost of investigating and prosecuting a med mal claim, and given the propensity of juries these days (despite what propaganda you may have heard from insurance and medical groups) NOT to award much, IF ANY, damages for pain and suffering, the cost of pursuing your case may outweigh the potential benefit to you of pursuing it. That is speculation on my part, since I haven't seen your medical records, but if I had to bet, that's where I'd put my money. Unfortunately, these cases cost so much to investigate and prepare that persons with valid, but modest, claims are effectively shut out of the system. I too would be reluctant to take on your case based on the information in your post. Good luck.

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Answered on 7/26/04, 11:04 am

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