Medical Malpractice Attorneys and Lawyers

Do I have a case; medical malpractice?

Left arm was fractured in 4 places and dislocated at elbow. Doctor had set the bones improperly causing the need for more surgery and permanent deformation as well as limited use. These problems will persist for the rest of my life. The matter happened awhile ago, but was never resolved. I'm currently suffering from tendinitis and the inability to work. If I can take some legal action, where do I start? The doctor casted the arm before the swelling went down. This led to the bones slipping back out of the joint which required them to cut it open a second time. This doctor is well known for making blunders often.

Public Comments

1. Get in touch with some law professors at the nearest university. they will guide you to the next step.
2. You state that this happened awhile ago. I think there is a 2 year statute of limitations on this sort of thing. I could be wrong, each case is differant, so talk to a lawyer and find out.
3. To prove medical malpractice you have to prove that the physician did not act within the community standard of care. A forearm fracture in four places plus dislocation is an extremely difficult fracture to manage. Any physician or medical practitioner would in this case, do his best to reduce the fracture and counsel you that it may not heal well. Personally I would have taken it to the operating room and fixed it. I'm surprised that this wasn't presented as an option. If it was an option and you declined it then you are pretty much stuck with the responsibility of the results. Medical malpractice, despite what you see on television, is difficult to prove.
4. First you need to know if the statute of limitations has run out on your claim. Secondly you will have to prove that the doctor did something wrong in keeping with accepted medical standards.You say that he set the bones improperly. With a serious fracture like you had it could be that he did the best he could and that the bones would not have healed properly in any event. Proving negligence is difficult to do in cases where there is a serious injury. Courts realize that doctors are human they are not gods. They have to do the best they can do under the circumstances but if it can be shown that no doctor could have done it any better you will have no case. Suggest you consult a lawyer who specializes in malpractice. It will cost you money because he will have to obtain your medical records from the hospital and doctor. and they charge for that.
5. does not mean the bones where set improperly. It means they didnt mend the way they should have. If you did find an attorney to take the case it would not see light of day in winning. In my opinion no.
6. Oh, yes, you have a case, especially if he's got a record of mistakes. See a lawyer - it'll probably be settled out of court.