Do i have a malpractice case?

Missing a fracture shown on an x-ray is possible unreasonable conduct. You will need a medical professional to opine that it is indeed medical malpractice. Get an attorney to bring suit because your daugther may have sufficient medical damages and this may be malpractice.

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I am not licensed in WA and can offer you only general advice. In a medical malpractice case you must prove that a deviation from the accepted standard of care caused damages. In your case, the answer will probably depend on whether you can find a similar type of doctor who will say that the xray was misinterpreted. Sometimes that is difficult because what is revealed on xray is actually the healing of the fracture. A hairline fracture can be difficult to see because there is not as much calcium built up in the healing process. Another area to investigate is whether the next diagnostic step should have been taken. In other words, were your daughter's symptoms (as described by you) significant enough that the doctor should have recommended a CT scan? Sometimes these scans require sedation in a young child and that is an increased risk, but this area should be investigated.

You have not indicated where the fracture is, but if it is in the growth plate of the bone it could be a very big deal. You should contact a local lawyer immediately in order to have the case evaluated under local law.

Betsey Herd
Tampa, Florida