Personal Injury Law

Personal Injury Law Question? Ask Personal Injury Lawyers.

Ask a Lawyer,
Get an Answer ASAP!

Personal Injury Law

My son was injured at work. He went to emergency care who found

Customer Question
a fracture in his knuckle...
My son was injured at work. He went to emergency care who found a fracture in his knuckle and finger could not bend, advised he see an orthopedic specialist. Workers comp sent him to a doctor who stated he could not figure out what was wrong and advised he go to a hand specialist. Workers comp sent him two weeks later to a hand surgeon who took xrays stated nothing could not find anything wrong and sent him for physical therapy. Three months later he was still in pain and not able to use his hand. Physical therapist stated the finger and hand were getting worse. We demanded a second opinion not knowing we could go to our own choice of doctors. Workers comp sent him to another hand surgeon who said he could see nothing wrong that physical therapy could not fix. Ordered more aggressive therapy and shock therapy. Three months later the pain was worse the use of the hand was less and the physical therapist did not want to continue because of the pain he was inflicting and the lack of improvement that was happening. We then demanded to go to a doctor near our home who was recommended to us as one of the top hand surgeons in PA. He took xrays without us telling him about the initial finding of a fracture and stated there had been a fracture in the knuckle. He then examined my son's finger and stated that there was major tendon damage and would need surgery. The surgery was done. There were bone fragments in the knuckle, the tendon had been split in half down his finger and had fused there and a large bursa sack had formed. It was stated that the finger would have never moved without the surgery no matter how much physical therapy was given. We are now two months after surgery with some mobility but it will take a long time because this was not taken care of immediately.
My son before this had been planning to go to school. We are now informed that since he can't work he can't go to school or workers comp will stop paying his wages and medical expenses.
What can we do he is stuck not being able to do anything with his life. We have caught people taking pictures of him at our home when he is outside. Can we hold the initial doctors accountable for not finding what was wrong with his finger in the beginning. Is he just supposed to sit around and do nothing for the rest of his life he is only 22. No one will help us.
Submitted: 2 years ago.Category: Personal Injury Law
Show More
Show Less
Ask Your Own Personal Injury Law Question
Answered in 2 hours by:
6/8/2015
Personal Injury Lawyer: Maverick, Attorney replied 2 years ago
Maverick
Maverick, Attorney
Category: Personal Injury Law
Satisfied Customers: 6,426
Experience: 20 years professional experience
Verified
Welcome! My name is Maverick. I very much enjoy what I do and I hope that you will benefit from this information.
I think that you would be well with in your rights and owe it to yourselves to go see a medical malpractice attorney [MMA] who might help you to hold the initial doctors accountable for their perceived negligence here.
While we are not permitted to refer a MMA to you, you can use the link below to your state bar to find one:
http://www.pabar.org/public/Membership/lrsblurb.asp
You should find one that practices in the same county as where the initial doctors that examined your son are located. Also, look for one that has tried at least 3 med mal cases before a jury and one that has practiced med mal law for at least 8 years. Before you go for your first consultation, be sure to obtain a copy of your son's past five years of medical records from all his medical providers and all records for his injury treatments as well as bills related to that injury.
Usually, MMA will evaluate your case for free and if they think you have a good case, they will offer to take it on a contingency fee basis where you only have to advance costs but not legal fees. It is usually 33% if the case settles before trial and 40-45% if it goes to trial.
The key issue here is whether, if the initial doctors has not been negligent and had properly diagnosed your son and treated him in the first instance, what would his condition be today as compared to what is actually is. To prove this, your MMA will need to put a qualified doctor on the witness stand.
Please assign a feedback rating so JA will compensate me for my time. You are free to ask follow-up questions thereafter at no charge. Please allow up to 24 hours for a follow-up response if I am signed off.
If, for some reason, you are not satisfied with the answer, I would appreciate knowing why so that I can try to clear up any misunderstanding that may have taken place. Also, if you need a refund, just let me know and I will inform JA on your behalf. Finally, you may request me in the future by beginning the question with "THIS IS FOR MAVERICK".
Thank you for using Just Answer. Best wishes for 2015!
Ask Your Own Personal Injury Law Question
Customer reply replied 2 years ago
Maverick, Thank you for your reply but it did not really help. I knew we would have to go to a mm lawyer for the doctors. I would have hoped that the lawyer that replies would have been in that category. I was trying to see if we actually had a case and was it worth it to pursue. We were also trying to find out if he has any other claim we should be pursuing in the event that he will have loss of full use of his hand from workers comp.
Personal Injury Lawyer: Maverick, Attorney replied 2 years ago
1. Medical malpractice cases turn on the minutia of expert witness testimony, so while it certainly sounds like you have a case, the only person that can tell if you is an expert in the medical field, like the hand surgeon you went to. This is why I stated:
The key issue here is whether, if the initial doctors has not been negligent and had properly diagnosed your son and treated him in the first instance, what would his condition be today as compared to what is actually is. To prove this, your MMA will need to put a qualified doctor on the witness stand.
2. It does appear that he would have such a claim. I do not know enough about worker's comp to tell you how to go about processing that claim. Also, you may want to find out from a WC attorney how that claim would be affected if you decided to also sue the doctors for MM.
I will opt out of the question at no cost to you. Your deposit is still in tact. You need not do anything further. If you obtain a confirming opinion about what I am telling you either from another expert on this site or elsewhere and you decide you want to pay for my answer [i.e assign a rating], I certainly won't complain (smile).
Best regards. Thank you for an opportunity to be of assistance to you.
Ask Your Own Personal Injury Law Question
Ask Maverick Your Own Question
Maverick
Maverick
Maverick, Attorney
Category: Personal Injury Law
Satisfied Customers: 6,426
6,426 Satisfied Customers
Experience: 20 years professional experience

Maverick is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Infolawyer

Infolawyer

Attorney

1,148 satisfied customers

Licensed attorney helping individuals and businesses.

Ely

Ely

Counselor at Law

719 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney

485 satisfied customers

I have 30 years of legal and litigation experience.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

449 satisfied customers

I provide basic personal injury advice to my clients in my own practice.

Tina

Tina

Attorney

390 satisfied customers

Personal Injury & Wrongful Death experience includes judgment for $10M & $3M settlement

Brandon, Esq.

Brandon, Esq.

Attorney

367 satisfied customers

Has received a certificate of recognition from the California State Senate for his outstanding legal service.

P. Simmons

P. Simmons

Attorney

265 satisfied customers

16 yrs. of legal experience.

< Previous | Next >

Related Personal Injury Law Questions
On 5 /20/16 i received a botched dysport and restayane
on 5 /20/16 i received a botched dysport and restayane filler injection from an eye surgeon, fantastic reputation, highly recommended. she put too much in and paralyazed my eye shut. i could not open … read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
5 satisfied customers
My Calif. medical malpractice negligence complaint requires
My Calif. medical malpractice negligence complaint requires which parts? What is repeated if any, and what is to be included in the First Amendment? How is a complaint different from an Amendment?… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
1,148 satisfied customers
If we can show an intersection is an unsafe design, perhaps
If we can show an intersection is an unsafe design, perhaps the worst in the entire state, due to having unrelated traffic signals less than 200 feet apart after a long stretch of road without signals… read more
Ely
Ely
Counselor at Law
Juris Doctor
719 satisfied customers
Had surgery 2 years ago to remove gallbladder and mass by
Had surgery 2 years ago to remove gallbladder and mass by stomach. Had the same symptoms after surgery. Went to different doctor and had same tests run. He said it looked like a gastric bypass. He did… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
What is my legal rights when a juvenile has punched me and
What is my legal rights when a juvenile has punched me and cause TBI medical problems. … read more
Ray
Ray
Lawyer
Doctoral Degree
30,877 satisfied customers
I need a Medical Malpractice/Negligence Lawyer. I need
I need a Medical Malpractice/Negligence Lawyer. I need his/her advise to file a case against a long term Nursing home at Mesa, AZ. My wife expired due to absence of doctors and I feel administering a … read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,714 satisfied customers
In Illinois in order to prevail on a personal injury case
In Illinois in order to prevail on a personal injury case that resulted in death. What has to be proven? Nursing home negligence… read more
Ray
Ray
Lawyer
Doctoral Degree
30,877 satisfied customers
LONG STORY SHORT- SURGEON NEGLIGENT CONDUCT INJURED ME > 1.
LONG STORY SHORT- SURGEON NEGLIGENT CONDUCT INJURED ME > 1. I have sent to the surgeon-Hospital, my 154 page NOI medical malpractice with 321 pages of supporting documents (MR etc) > I understan… read more
Seattle Scott
Seattle Scott
Private practice attorney
995 satisfied customers
It is my understanding that the NOI must be sent at least
It is my understanding that the NOI must be sent at least 182 days from the day of the NEGLIGENT ACT before the two year mark to prevent TROLLING > I had an initial Consultation with the surgeon on… read more
Seattle Scott
Seattle Scott
Private practice attorney
995 satisfied customers
My right two may be amputated because of my doctors in
My right two may be amputated because of my doctors in Hawaii. I am getting care here in California. I want to sue them because of negligence, because they never checked within the last 6 months if th… read more
LegalGems
LegalGems
Juris Doctorate
10,717 satisfied customers
One summer, Baxter and his wife,, were on their new boat
One summer, David Baxter and his wife, Melissa, were on their new boat with another couple, tubing on the Mississippi river. David and the other couple had been drinking all day, "about seven or eight… read more
JaneLS,Esq.
JaneLS,Esq.
14 satisfied customers
Negligence leading to mental abuse follow by related health
Negligence leading to mental abuse follow by related health issues. … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Can Gross Negligence overcome charitable immunity for a
Can Gross Negligence overcome charitable immunity for a medical malpractice case? The limit is in NJ is $250,000 and I am wondering if Gross Negligence in a medical malpractice case will allow me to s… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Elderly woman asked for coffee. Flight attendant handed her
Elderly woman asked for coffee. Flight attendant handed her a cup of coffee & as she attempted to unlatch the tray there was sudden movement causing the hot coffee to spill on her lap causing severe b… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Which Calif. Laws, defined hospital negligence; which define
Second opinion] Which Calif. Laws, defined hospital negligence; which define hospital substandard care?… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
1,148 satisfied customers
Can I sue a dentist for negligence and malpractice within
Can I sue a dentist for negligence and malpractice within the Veterans Administration? … read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
1,148 satisfied customers
I would like to bring a negligence claim against my son's
I would like to bring a negligence claim against my son's doctors. He suffered a tear to his penile region after the doctor tried to pull his circumcision ring off him and it it had grown into his ski… read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,260 satisfied customers
What is the "physical injury" aspect of negligent infliction
What is the "physical injury" aspect of negligent infliction of emotional distress? I've read that it's not simply sleepliness or stress related but what exactly needs to happen in order for the charg… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x