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Legal Eagle
Legal Eagle, Lawyer
Category: Personal Injury Law
Satisfied Customers: 2997
Experience:  Licensed to practice before state and federal court
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On Jan. 3rd 2017 I fell on an icy sidewalk at home and broke

Customer Question

On Jan. 3rd 2017 I fell on an icy sidewalk at home and broke my left ankle in 3 places: a trimollear break. This is usually only correctible by surgery. However, my orthopedic surgeon decided to do nothing except a "cam walker" boot. After 16 weeks of treatment and failed healing, he decided to send me to another orthopedic surgeon who recommended immediate surgery for bones in the ankle that shifted 30%. I sought a second opinion from a podiatrist surgeon who said the damage was so far along that I would now require an ankle fusion to correct my deformaties/ I had the fusion surgery on May 31st, 2017 and an still wearing a cast 6 weeks later. So far I have been non-weight bearing on this ankle for 7 months. I sought legal advice from an attorney who tokld me I probably did not have a case against the first doctor that treated me on Jan. 3rd- April because it was a judgement call on the part of the first orthopedic surgeon on whether to do surgery or leave it a "closed multiple fraction". I still feel I have a case of neglect on the part of the first surgeon for not referring me to someone else sooner.
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Michigan
JA: Has anything been filed or reported?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: The lawyer we contacted felt that since I had prior surgery in 2013 on this same ankle for a heel bone spur, it affected the decision made by my first orthopedic surgeon.,
Submitted: 10 days ago.
Category: Personal Injury Law
Expert:  Legal Eagle replied 10 days ago.

I'm really sorry to hear about your situation. This to me sounds like a classic case of negligence. Negligence simply means that there was a duty that the other party owed and they breached that duty in some way. What is most important is that it is proven that the defendant breached their duty of care because that is what mostly determines whether there is a cause of action. Basically, the question is, “Did the defendant’s actions fall below the standard of care for a reasonable person in a similar situation?” If the answer to that question is yes, then there is negligence.

In this case, because of the extent of your nature, it is likely that the doctor breached their duty of care by not maybe doing more extensive examinations or doing the necessary research that would be required, such as getting a second opinion, to determine with the extent of your deformities or injuries would be.

One of the things that you may want to be able to do is try to find out who their malpractice insurance carrier is. They're malpractice insurance carrier will ordinarily cover things like this because claim such as these are so frequent. Usually, they may cover things like the cost of any surgeries that you had or perhaps any missed work. It really just depends on what it is that you asked for and how much you're asking for.

Follow up questions are free, so please feel free to ask away. You can also click here in the future to request me individually. If you don’t have any additional questions, were you satisfied with my service today?

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