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Steinlaw, Attorney
Category: Legal
Satisfied Customers: 1811
Experience:  8+ years as an insurance adjuster, 7+ years as a personal injury and consumer law attorney
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I went to doctor for sore wrist, he suggested cortisone inject.

Customer Question

I went to doctor for sore wrist, he suggested cortisone inject. 30 hrs. later it was a staff infection. It was misdiagnosed as a cortisone flare up and the same doctor's office declined my pleas for help with pain & swelling after the time frame for their diagnosis was over. Numerous procedures and guidelines were neglected. The pain left me irrational,
Hindsight is 20/20, I did seek another opinion, he called the same doctor to get his attention.

Do I have a claim?
Submitted: 5 years ago.
Category: Legal
Expert:  Steinlaw replied 5 years ago.
Thank you for your question and I look forward to assisting you. Please keep in mind that I can only respond to your post and the information contained in it, as I do not know what you know unless you have put all of the information in your question. Also, due to site reasons, oftentimes I am initially only able to see the first part of your post, so I apologize in advance if it means more interactions between us. Also, there may be future facts that are as yet undetermined in your matter, that can and must leave some areas of information provided by me broad in nature. However, don't hesitate to ask for clarification if needed! At times, there can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break. That being said...

You may have a case for malpractice. Medical Malpractice claims require three things.

1. You need to show that there existed a duty between the doctor and the patient. This is typically established though expert testimony from people who are familiar with the practice (a doctor in the same specialty).

2. You will need to show that the duty was breached...that the doctor took some action or failed to take some action that caused his care to fall below the standard.

3. You need to demonstrate damages...that the patient was harmed in some way.

To determine how strong a case, you really need to talk with a medical malpractice attorney. Such cases are complicated and depend on a variety of factors, including age, procedures used and expectations from different techniques. To determine you need to work with medical experts who know...again this is why you need to sit down with a med mal attorney who can tell you if you have a case.

It seems to me that you have at least a circumstantial case.

You may want to start with an attorney that can write a demand or "pre-suit" letter. This letter will put the doctor on notice that you believe the services are not proper and you expect compensation for his malpractice. On the letterhead from an attorney they may give the letter a bit more respect.

If you can not get the provider to agree to the demand, you will need to sue. It may be you can sue in small claims court, but you will need to be able to present evidence that the practice was below standard, and this will require testimony from other doctors. For this your would be best served to retain the services of an attorney.

In finding the right lawyer...Talk to several...find out there experience with such cases and their record. Talk to former clients to verify they were happy. Its a buyers market, pick a lawyer who can fight for you. If you talk to several lawyers and cannot find one, then this is a sign that there is some fact missing that makes your case difficult or impossible.

Good luck.

Good luck.

Legal Disclaimer. By requesting this information, you expressly agree to the following: The information given is not legal advice. You should not and may not rely on anything on this website as legal advice. The nominal price you may or may not pay for information does not pay for any legal advice. I am neither establishing nor accepting an attorney-client relationship. The only method of gaining an attorney/client relationship with me is via a retainer and signed fee agreement, which is not offered via this site. I am providing only resources, opinion and information for you to be informed and educated about your particular rights and needs. My answer is limited to the facts presented with the understanding that you will do your proper due diligence and appropriate follow up with an attorney licensed in your state. I do not provide general or specific legal advice on this site. I also am licensed to practice only in California, which may not be the state where this information is being provided or state whose law would apply, if any. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and its associated sites.
Customer: replied 5 years ago.
I have a more detailed description of events and timelines that I felt to much for this space
Expert:  Steinlaw replied 5 years ago.
That is what you want to share with your attorney. You seem to have a medical malpractice claim and I would pursue it, if i were you.
Steinlaw, Attorney
Category: Legal
Satisfied Customers: 1811
Experience: 8+ years as an insurance adjuster, 7+ years as a personal injury and consumer law attorney
Steinlaw and 5 other Legal Specialists are ready to help you
Customer: replied 5 years ago.
This ocurred Aug. 28, 2009. Do I have to perform an extensive search? Sometimes I feel hopless.
Expert:  Steinlaw replied 5 years ago.
You just need to find an attorney. I would go to and search. You should find a few near you.
Customer: replied 4 years ago.
Apparently the physician did all the right things. It was his assistant who was in error. He missed procedures on his treatment and lied on his office notes report which prevented the Physician from contemplating proper treatment. Maybe he just isn't real clear on the concept of "copious sterilization" because that is far from what he did. Now I stuck three months in mortgage default, awaiting truck repo, and bankruptcy on nearly $40,000 in medical bills.

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