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Can I sue for medical negligence?

Port Saint Lucie, FL |

I was involved in a motorcycle accident, broke three limbs. Was referred to orthopedic doctor who did my surgeries. Very early I was prescribed to their own physical therapy and received a possible injury; left wrist was in terrible pain constantly. Was referred to their specialist and was told that my wrist never healed and bones were still broken. Xrays were taken the entire time, how could this be overlooked? I now need another surgery. Doctor made a verbal agreement to wave his fees and just pay hospital because my insurance was cancelled and he knew this. Now they refuse to see me, discuss anything, refuse my medical records and any kind of pain medicine for my wrist that can no longer be used. I was injured in their care, and I'm now left disabled. Is there anything I can do?

Attorney Answers 8


  1. Very possibly. Would need to have all medical records and x-rays reviewed. You also have a claim from the motorcycle accident for the subsequent malpractice,
    If you have not already settled it.


  2. Contact a medmal attorney in your area. They'll review your medical records and determine if the doctor committed malpractice.

    The information provided is for general informational purposes only and is not intended to be legal advice. No attorney-client relationship is formed nor should any such relationship be implied. The information provided is of a general nature is not intended to substitute for the advice of an attorney.


  3. Sorry to hear about your wrist and associated pain. There are many more facts that will be needed to evaluate your case (e.g. whether anyone was negligent for the motorcycle accident causing this potential negligent medical care). I highly suggest contacting an attorney in Florida to determine if they can assist you with the motorcycle accident and the potential medical malpractice. There is a limited time to bring these cases, so please contact an attorney immediately.


  4. The question shouldn't be whether you can sue for medical negligence, but, rather, do you have a viable claim. While it sounds as if you may, in fact, have a viable claim, more information is required to fully evaluate your potential claim. First, if you have a viable claim for negligence arising out of the motorcycle accident, your attorney should seek damages for the medical malpractice from the defendant who caused the accident. Florida law recognizes that it is foreseeable that an accident victim will receive negligent medical care, and, therefore, the person who caused the accident, although not a healthcare provider, can be held liable for the subsequent medical negligence. Alternatively, whether you were at fault for the accident or not, you can bring a direct cause of action against the physician who initially treated your injury. However, just because your wrist did not heal properly, that does not mean the physician was negligent in rendering treatment. You need an experienced medical malpractice attorney to review your potential claim. I would recommend that you independently obtain copies of all the pertinent medical records including both the hospital records and the office chart from the specialist who re-evaluated you. Thereafter, you should seek advice from an experienced attorney who will have your claim reviewed by a competent medical expert. Good luck.


  5. That sounds like it was a very nasty motorcycle accident. Folks often post questions on this forum setting out a set of facts related to a medical procedure or surgery, asking if they can pursue a malpractice case. Unfortunately, a site such as this is really very limited when it comes to any attorney being able to give you a substantive response. Medical malpractice cases are expensive to pursue, difficult to prove and highly technical in nature, since you need experts to establish what the standard of care is and that it was breached in some fashion. You need to have a medical malpractice attorney get the files and have them reviewed by a physician to determine if professional negligence occurred and if you have any recourse. Use the Find a Lawyer tab on Avvo to find one in your area. Best of luck to you...

    THESE COMMENTS MUST NOT BE CONSIDERED LEGAL ADVICE. Comments made on websites such as Avvo.com are provided for information purposes only, and you should not base a decision to act or refrain from acting based upon this answer. The only way to determine how the law may apply to your particular situation is to consult with an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship or otherwise require further consultation. That relationship is established by the execution of a written agreement for legal services. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference.


  6. You can have a local malpractice lawyer order your records to investigate. Avvo has a terrific "find a lawyer" tool to find a top-rated Avvo lawyer with a low contingency fee. Good luck.

    Licensed & have offices in PA & NJ ONLY. (Philadelphia, PA & Marlton, NJ)


  7. There are a couple of issues as to who you have a claim against and many more facts necessary to make a determination. Consult with a experienced personal injury attorney and discuss whether a malpractice attorney should also be involved. Dr. treatment is a foreseeable consequence when a doctor performs surgery and things don't get well-- so the initial accident is typically still liable. Although a separate action for malpractice is an option. Seek free legal consult through AVVO by using the 'Find an Attorney' tool bar and interview attorney's and find one that has experience in these types of matters


  8. You should contact a local Med Mal attorney to obtain your medical records and pursue the potential case. Please contact me if you need any further assistance.

    Michael

    Nothing in this answer is to be interpreted as legal advice. I would need more facts to fully assess your case.

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