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Delta-Lawyer, Attorney
Category: Legal
Satisfied Customers: 3546
Experience:  10 years practicing IP law and general litigation
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Want to know if i have a case before i move forward.i was in

Customer Question

want to know if i have a case before i move forward.i was in a nursing home for rehab from a brain injury. while there my foot began to move in a bent like position. i ask multiple times if something should be done. they said no it will work it self continued to get worse to the point i could no longer walk on it. i said something is wrong here i need help.this was over a year peroid.finally they sent me out to get botox shots. the botox doctor told them this will not help need surgery. but they kept sending me for botox.I said i want to see somebody.they said no you dont need surgery.i was released about 5months ago. i went to see a surgeon he told me i will need major surgery my foot will never be rite i will be in a brace the rest of my life and limited on what i will be able to do .the surgeon said if i would have been seen early all this would have been avoided my foot would be fine.yhe nursing home failed to get me the medical attention i needed im in pain mostly in a wheel chair
Submitted: 2 years ago.
Category: Legal
Expert:  Delta-Lawyer replied 2 years ago.
The short answer based on what you have shared with me is, yes, you have a very good case for medical malpractice against this institution. Very good! Just to cover the bases, in order to win a case for medical malpractice, you must show that the care you received fell below the applicable standard of care for your geographic area. The standard of care is high in your area of the country. The standard of care is the care that a reasonable medical practitioner would administer relative to the particular medical issue. Once the case is filed, you prove the standard of care was breached by showing that there was a duty by the providers, this duty was breached, the breach led to injury and you must show the injury. All of that can be shown in your case - which makes this a very viable med/mal case that should produce substantial damages for you. Let me know if you have any additional questions. Please also rate my answer positively as well. Best wishes going forward!
Expert:  Delta-Lawyer replied 2 years ago.
Did you have any other questions or comments? I just want to make sure you are as comfortable as possible as you move forward. Thanks