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Can I sue a hospital for not doing an xray?

Ballston Spa, NY |

Last may 19th2011 I was attacked by a pitbull dog. He bit my hand and wrist and the nurse even stated had I been a few mintues later to the hospital i would have bled out. He was 1/4mm off my main artery in my wrist. However my mom who is a nurse requested they do an extra of my hand where he bit because she was afraid of broken bones. Needless to say no xray. I then went to another hospital in August in a different state only to find out my hand was indeed broken and I required extensive physical therapy and was out of work. I have the doctors papers from Vermont. Can I sue the hospital in NY for not doing an xray?

Attorney Answers 5

Posted

To bring a claim for malpractice, you must not only show that the hospital the hospital was negligent, but that you sustained injuries as a result of the alleged malpractice. Even if I assume for the purpose of this response that the hospital negligent, you would need to be able to show that the failure to take an x-ray and diagnose your fracture made you worse off than you would have been had the fracture been properly diagnosed. Since you didn't go back to the hospital for 3 months, and didn't require a surgery to fix it, it is not the type of case that I would get involved in. That's not to say that other attorneys wouldn't take your case so if you are interested in pursuing the matter, you should contact an attorney immediately. That said, I would be more interested to learn additional facts about the dog bite. If the dog was not yours, you could have a very good claim against the owner of the dog as there is strict liability in NY for dog bite cases if the pit bull showed vicious propensities prior to biting you, meaning, the dog or acted aggressively towards others. Good luck.

The information provided herein is not intended to be legal advice, but is for information purposes only and is based on the limited information provided. Any information provided is not intended to, and does not, create any attorney/client relationship where none exists.

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Gregory Scott Gennarelli

Gregory Scott Gennarelli

Posted

the end of that response should have read if the dog previously bit or acted acted aggressively toward others. sorry for the typo.

Asker

Posted

I am the 5th person the dog had bit. He bit my finace right before he bit me but my finace did not require medical attention. However Animal control got involved and when I asked to press charges on the owners I was ignored. The dog was not put into quarintine either animal control just told the owners to lock him in a room in their house for 10 days and that was it.

Asker

Posted

Also the doctor I had seen in Vermont stated that had the break in my hand been treated at the time it happened I would have not had a broken bone 3 months later. As for surgery, if physical therapy did not help I would have required it but since I moved back to NY I did not follow up with the doctor and now I am awaiting an appointment with another doc here in ny due to the fact that my hand now locks up and throbs all the time especially when it gets cold.

Gregory Scott Gennarelli

Gregory Scott Gennarelli

Posted

I suggest that you speak with an attorney in your area about a potential dog bit case as it appears that you have may a viable case and all of your injuries/damages can be attributed to that incident. As for a malpractice case, i would be a little more interested if the problems you are having now are attributable to the fracture and not a nerve injury from the bite. The lack of follow up poses an issue but i'm glad to hear that you intend to do so now. I am in the New York City area, but if you have any questions or would like me to put you in touch with an attorney in your area, feel free to call me. Good luck.

Asker

Posted

Thank you so much! You have abeen a great help and yes if you could possible give me a number or two for the lawyers around me that would be awesome! I live in Ballston Spa, NY

Gregory Scott Gennarelli

Gregory Scott Gennarelli

Posted

Sure, I can give you the number for a lawyer in Albany that i've worked with on a few cases. I can be reached at the number on my profile, or at 516-741-6800. If you prefer, you can also email your contact info and I will call you and put you in touch with him.

Posted

Check with an atty, asap, who handles med mal in the state where the 1st hospital is located. Every state has rules about how much time you have to bring a lawsuit, and you may have waited too long. f you have healed up fine and the delay in care didnt cause permanent injury, you may not ahve a big damage case. That may affect your finding a lawyer.

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Posted

I agree with my colleague from Mineola. The question isn't just malpractice but whether, in this case, that malpractice increased the damages you could have otherwise expected. Consult with an attorney in your area to explore the question of your damages as well as a potential dog bite case. Good luck.

Disclaimer- The information you obtain at our web-site or through postings on such sites as this is not, nor is it intended to be, legal advice. You should consult an attorney for specific advice regarding your individual situation. Any response given here is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response may change appropriately.

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Posted

The hospital could be held responsible if it can be proven that they are the cause of the further injury. I think your best bet would be to sue the owners of the dog that bite you. (if the dog is not yours) I would suggest legal advise to get more detail information.

Check out my website below and give me a call for a free consultation if you are a California resident 877-427-2752 or you can email me at Michael@Kingofpersonalinjurylaw.com www. KingofPersonalInjuryLaw.com I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference

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Posted

I disagree with other counsel's opinions and think your case is worth investigating. You can contact us. 1-877-996-6849.

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Gregory Scott Gennarelli

Gregory Scott Gennarelli

Posted

Just to be clear, I didn't say the case is not worth investigating, but it is not the type of alleged malpractice case that I would involved with based on the description of the injuries provided. As a dog bite case, the case has potential.

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