Legal Question in Medical Malpractice in Texas

Medical NEGLIGENCE/UNDIAGNOSED HELP !!!!!!!!!!!!!!!!

i hurt my wrist and went to school clinic. took x-ray and they told me i was fine.(said sprained wrist & x-ray looked fine) after 2months later, i took another x-ray and found out that i had a fractured SCAPHOID bone. i went to a different clinic and talked with an orthopedist and he told me i need a surgery for the fracture. i showed him the x-ray i took from the school health center and he said he doesnt blame the school staff for the x-ray because it looked fine. i told the orthopedist all my situation and he told me if the health center doctor was an orthopedist, i would have the case 100% due to failure of refering me and/or not telling me to come back for additional check up.(it is common to ask patient for another check up ,within 2weeks or referral to a bigger hospital if the patient injured his/her hand even though the x-ray is fine because wrist area is consisted with small bones and its hard to see right away by x-ray) in my case the school clinic doesnt have an orthopedist. just a doctor, NP, and some staffs. however i think they have failed to inform me about the risks and they failed to tell me for additional check up or referral to appropriate clinic.

plz give me some advice !!!!


Asked on 2/01/07, 11:20 pm

1 Answer from Attorneys
Dan Street Street Law Firm

Re: Medical NEGLIGENCE/UNDIAGNOSED HELP !!!!!!!!!!!!!!!!

You did not mention what type of school you were attending. All public schools in Texas are immune from claims for damages resulting from negligence for any injuries received as a result of anything other than motor vehicles operated by the school. Therefore, if you were attending a public school, you probably cannot sue. Even if you could, your damages do not appear to be significant enough to justify the extremely high cost of pursuing a medical malpractice claim (thanks to our Republican legislature).

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Answered on 2/02/07, 11:23 am


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