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Can i do anything if I was not diagnosed correctly in emergency room and sent home mis-diagnosed?

Calexico, CA |

I was in a car accident (head on collision) and transported via ambulance to emergency room, after approx. 5 hrs was sent home with discharge papers stating "musculoskeletal pain". 1 week later when i was able to move a bit better went to other doctor and was found to have a 3inch fracture of right arm, fractured right and left ribs, contusion right chest, contusion left chest. I had to have surgery done on right arm.

Attorney Answers 4


  1. I'm sorry to hear about your accident and associated injuries.

    You should consult a personal injury attorney to discuss the facts relating to your accident in addition to the injuries that you suffered. Depending on how the accident occurred, you may have a right to recover compensation against the at fault driver, assuming you were not at fault.

    Regarding the emergency room department's failure to properly diagnose your injuries, you may have a case for medical malpractice IF the misdiagnosis caused your injuries to be worse than they would have been had they made the proper diagnosis when you first presented to the ER department.

    Usually, ER department's perform comprehensive imaging studies when you present for auto accident trauma and complain of serious pain and limited range of movement to your body parts. Your case is a little bit out of the ordinary, because if your injuries really are as bad as you describe, and they were caused in the auto accident, it's difficult to understand how the ER department missed the diagnoses.

    You can contact a medical malpractice attorney for a consultation. But, in order to determine whether you have a case, your medical records will need to be reviewed by a medical expert, probably an orthopedist and/or a medical professional with emergency room experience.

    I would think if you had a case, it would depend on whether the ER dept. performed x-rays and/or CT scans but missed the fractures. Then, if you had subsequent imaging studies and your fractures increased in size, which is probably unlikely, you may be able to show that your condition was made worse due to the negligent oversight.

    Call an attorney so they can review the facts and provide a more detailed analysis.

    No attorney-client relationship is created through the exchange of information on Avvo.com. The information provided by Jacob Regar is not legal advice, and should not be treated as such. You must not rely on the information on this website (including Jacob Regar's response to your question). Do not use Jacob Regar's answer as an alternative to legal advice from your attorney. If you have any specific questions about any legal matter you should consult your attorney. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information on this website. This website contains general information about legal matters. The legal information on this website is provided "as is" without any representations or warranties, express or implied. Jacob Regar and Jacob Regar Law make no representations or warranties in relation to the legal information on this website.


  2. You should consult with an attorney for Medical Malpractice in your area, check with the AVVO Attorney search engine.

    Communication through AVVO does not constitute legal representation. Representation by this law firm can only be established through a written agreement executed by both attorney and client. In the absence of such express representation agreement, this law firm does not represent the recipient or reader and no person or party should rely upon statements, opinions or advice contained herein.


  3. If this misdiagnosis caused you further injury, then you should definitely retain a local malpractice lawyer to investigate. Good luck.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com


  4. Missing a diagnosis that should have been made (meaning would have been made by a similarly trained physician in the community practicing the standard of care) is just one of the necessary elements needed for a successful medical malpractice case. Another requirement is damages resulting from the error (and that would not have occurred otherwise). A one week delay in treating a fracture is something that should absolutely be looked into if the delay necessitated a surgery (meaning that had the fracture been treated a week earlier no surgery would have been needed), Many medical malpractice attorneys offer free initial consultations, so contacting a local one should be done as soon as possible.
    - Paul

    Paul J. Molinaro, M.D., J.D.
    Attorney at Law, Physician, Broker
    Fransen & Molinaro, LLP
    980 Montecito Drive, Suite 206
    Corona, CA 92879
    (951)520-9684
    www.fransenandmolinaro.com / www.888MDJDLAW.com

    "When you need a lawyer, call the Doctor... Call Paul J. Molinaro, M.D., J.D... Call (888)MDJDLAW."

    * This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy.
    ** Fransen & Molinaro, LLP practices in the areas of personal injury, medical malpractice, and real estate law.

    Paul J. Molinaro, M.D., J.D. ... Attorney at Law, Physician, Broker... Fransen & Molinaro, LLP... 980 Montecito Drive, Suite 206... Corona, CA 92879... (951)520-9684... www.fransenandmolinaro.com / www.888MDJDLAW.com... "When you need a lawyer, call the Doctor... Call Paul J. Molinaro, M.D., J.D... Call (888)MDJDLAW." ... * This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy... ** Fransen & Molinaro, LLP practices in the areas of personal injury, medical malpractice, and real estate law.

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