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RobertJDFL
RobertJDFL, Attorney
Category: Personal Injury Law
Satisfied Customers: 12132
Experience:  Experienced in multiple areas of the law.
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I was seen in then ED this past March pain to my

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I was seen in then ED this past March for exteme pain to my left hip. Went to ED, took xrays if hip, back. Released me with the diagnoses. Still having extreme pain to left hip. Went to ortho who told me then for the first time I had a fracgtured vertebrae, as indicated by the EE films. The ed let me walk around several weeks with a fractured vertebrae and 2 pinched nerves. Later my hip cracked in two .
Submitted: 1 year ago.
Category: Personal Injury Law
Expert:  RobertJDFL replied 1 year ago.
Thank you for using Just Answer. I look forward to assisting you.In order to prove medical malpractice, you must be able to prove four separate elements. If any one of them cannot be established, then there is no medical malpractice. The four elements are: Duty. Duty is what is owed to the patient. Obviously the emergency department owes you a duty as a patient. Breach of Duty. The duty owed to patient is breached by responsible party. Failure to properly diagnose can be seen as a breach. Damages. Damages occur as a result of the breach.. You would have to prove, through independent medical expert testimony, that your hip cracked because of the misdiagnosis and being allowed to walk around on the fracture.Causation. There must be a direct cause and effect to the injury. Another way to look at it, is "but for" causation --But for the emergency department giving you the wrong diagnosis, you suffered unnecessary injury. Medical malpractice cases are taken on contingency, meaning you pay no fees unless a lawyer recovers money from you. However, as I mentioned, they do require testimony from independent medical experts, and tend to be expensive to litigate, thus law firms look for the strongest cases with the best chance at success and largest potential financial outcome.To find an attorney in your area, I would contact your state bar association, or you can also use www.avvo.com or www.martindale.com, which are both easy to use and offer attorney ratings and reviews.Should you have any follow-up questions, kindly use the REPLY feature, and I'll be happy to assist you. Thank you.