How Do I file a claim against a Doctor who made a bad judgement? I broke my ankle, the doctor, Hospital, and other professionals told me that it was well healed after looking at x-rays, after being in constant pain, and dragging my foot, I requested a CT scan. I was told that it would only show that it was well healed, The doctor called me, and told me that I was right that it was still broken.I scheduled surgery, right before the surgery the doctor decided to do a second CT, he informed me that he was cancelling the Surgery that my ankle was well healed. after looking at the CT it showed that my ankle had slighted changed and shifted, that it was still not healed, etc. I walked with constant pain until my Doctor did a MRI. I am now using a bone simulator, and orthodontic brace to help my ankle heal. later it may still require surgery per other Doctors. Doctors still don't understand why the first Doctor did not do the surgery. The x-rays that were taking, if blown up shows that the ankle was still broken after each x-rays. The brace helps, but when I take it off my ankle still feels like it did when I first broke it. Prior to the break I was going to the gym daily, doing long walks, exercising, etc. The Doctor asked me what did I expect from the surgery?I told him to be able to go back in do the the things before the break, the thing about it, I was told that I never worked out nor been to the gym. I have gathered all of my records etc. to show proof of everything including the gym, classes etc. I am unable to do long walks, I walk with a limp now, in when the ankle is twisted, or flexed I have server pain.
Country relating to Question: United States
State (if USA): North Carolina
I have went to other Doctors,some did injections of cortisone that only helped for a week.
Had CT scans done that showed change in my ankle as well as non-union healing
MRI perscribed from my medical Doctor. Orthodic Brace and Bone Stimulator, still feel sharpness in ankle when twisted or flexed.
Talked to other Doctors who stated that I need to have Surgery, and talk to an Attorney.
Talked to local Attorney at TV station who advised me to quickly find an Attorney.
Thank you for your question. I will do my best to assist you with your concerns. If you would like me to clarify my answer, I will be happy to do so. To answer your question directly, I also agree that if all the facts are as you stated, this is a significant case of medical malpractice and one where you should consider filing against the doctor. The major issue with any sort of a claim against a doctor is should you do so, his insurance is going to defend him, making malpractice claim very difficult to pursue for someone who is without representation. You should very strongly consider retaining counsel because of this factor and also because this is a personal injury claim, a typical personal injury attorney will do this on contingency, meaning that you will not pay anything out of pocket but the attorney will receive a percentage of the final award plus possible costs. Therefore in many ways this is a risk-free option because you are not putting up your own funds.To find competent counsel consider browsing the listings at www.avvo.com and www.martindale.com. There you can search by fees, location, experience, and expertise. Also you can review their past client testimonials, peer driven evaluations, even past cases. You should focus on a personal injury attorney who has a medical malpractice background and hopefully runs or works for a firm that has medical experts on staff or whom they can contact for your evaluation.Good luck.
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I provide basic personal injury advice to my clients in my own practice.
Do I file against first Doctor? or Hospital and other professional who stated that it was well heal?
Thank you for your follow-up.In this situation you would file against the first party as the main defendant, and would add all other parties who contributed to the injury by failing to perform the proper procedures as well. That would include the hospital and all other professionals who refused to believe you that you were still walking with a break.Good luck.Dimitry Esquire41085.1450453356
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