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.

NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an atttorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.

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

Your daughter may have a claim but additional information is needed. You should consider consulting with an attorney licensed in Washington who handles medical malpractice cases as soon as possible. If you wish to contact me to discuss this matter further, please call. Thank you.