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TexLaw, Attorney
Category: Personal Injury Law
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Experience:  Lead Personal Injury Trial Lawyer
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Medical Malpractice. One doctor set my arm wrong without

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Medical Malpractice.

One doctor set my arm wrong without me knowing it. He didn't x-ray it after the setting. I was told to come back, but instead I went to another orthopedic doctor for care. second doctor x rayed my arm, said it was set right, and casted me over my splint and ace bandage contraption from the first doctor. I continued going to this same doctor through out the time I was casted with him constantly insuring me that my arm was healing 'great.'
After my cast was removed he said it healed the way it needed to.

my arm is deformed, I have limited mobility. It constantly bothers me. I cant do the things that I used to love doing. for example sketching, painting, etc. It has affected my job. I am a bartender. I am not efficient enough anymore for my job. Plus, being my dominant arm/hand it is very debilitating. Typing is even an issue. I cant type sitting up, I have to lie down with my laptop on my legs just so I can stretch my arm all the way out to type. If sitting up it is in a vertical position.

Do you think I might have a case?

Thanks for your question.

It is not uncommon for a person to suffer a permanent disability or disfigurement as a result of a broken bone. The question here is whether the doctor who set the bone and the orthopedic surgeon who continued providing you care afterward actually did their jobs negligently resulting in your current condition. To prove your case of medical malpractice in court you would have to have the support of a doctor's testimony stating that the other doctors were negligent.

Setting a bone incorrect can serve as a basis for a medical malpractice claim. The only problem that I see with your case is that the orthopedic doctor did not see anything wrong with the setting. This means that there are two doctors who believe that the setting was correct, which is a high burden to overcome in your case.

How long has your arm been in this condition?
Customer: replied 4 years ago.
The first doctor never took another x ray after the setting. How would he know it was correctly set? It's been about 7 months. My physical therapist told me there was something wrong.
What state are you in?

Did the orthopedic take an x-ray?
Customer: replied 4 years ago.
His radiologist did. My first X-ray was beyond awkward, she couldn't get me in the right position. I barely saw him. Just his nurse practitioner mostly. He briefly talked (1-2 minutes each time)to me on most visits . One time I didn't see him at all. The visit were I got put in a half cast I didn't see him. Should he have taken me out of my original bindings before casting?
I'm not sure. That is generally a question I leave up to the doctors that are hired as experts to answer.

I think your best bet now would be to contact some local medical malpractice attorneys to see if anyone is interested in taking your case. These cases are always run on a contingency fee basis because it requires a large amount of money to put the case on (you have to hire an expert doctor to analyze your medical records, examine you, and write an opinion that the care given to you was negligent).

When you talk to the local attorneys, the best thing you will be able to show that will make them want to take your case is some idea of the economic damages you have and will have in the future as a result of your condition. Presumably, this is costing you a loss of wages and prohibits your future employment. You need to establish how much you are losing and will be losing because of the condition, in addition to the future medical costs that you will likely incur (talk to your physical therapist about what might be next for you).

Please let me know if you have any further questions. Please also kindly consider rating my answer positively so that I am compensated by the website for my work on your question. Rating positively does not cause an additional charge and does not prevent us from further discussing your questions.

Best Regards,
Customer: replied 4 years ago.

it won't help me that I have someone in my family that does cases like this for a living? She is a 'medical expert' in cases similar to this. She works for a specific law firm that specializes in medical malpractices aswell. Could she be used as an expert doctor even if we are related?

You wouldn't want to use her as an expert doctor in this case because there would be allegations of bias against her and it would be used to discredit her opinion.

However, you should contact her immediately and ask her about whether she believes that your case involves negligence. That will be very useful in you finding an attorney to represent you if you have her opinion that there is negligence.
TexLaw and 2 other Personal Injury Law Specialists are ready to help you
Customer: replied 4 years ago.

thank you

You're welcome.

Please remember to rate my answer positively!