Do I have a malpractice case?

You might have a claim for medical malpractice, but additional information would be needed and you would need support from one or more expert physicians -- sometimes you can get this support from your subsequent treating doctors if they are critical of the care provided by your first doctor. Generally speaking, in Washington if you want to pursue a claim for health care negligence you need to: (1) establish what the standard of care requires under the circumstances; (2) that your doctor or health care provider fell below (or "breached") this standard of care; and (3) that you suffered harm or injuries as a result. All of these elements have to be confirmed by an expert the the same field or who is at least familiar with the standard of care required. You certainly had an unfortunate outcome in your case, but whether or not it was actual malpractice or not is impossible to say without more information and without having this matter reviewed by an expert. If you want to investigate your claim further, you should consult with an experienced medical malpractice attorney who can review your records and your case in detail. Feel free to contact my office if you would like, but regardless, I would recommend you meet with an attorney in person to discuss this matter.

This post is offered for educational and informational purposes only and does not create an attorney-client relationship.

You may very well have a medical malpractice case. However, you will have to do more than prove that the first doctor missed the second break on the x-ray. You will have to establish that the doctor was negligent. In medical malpractice cases, medical experts are used to establish whether the doctor acted within the standard of care. If they deviated from the standard, they are negligent and liable for any harm that is caused as a result. The best way to decide whether to file suit is to sit down with a local medical malpractice attorney and go over all your facts. I am licensed in Illinois, but I can recommend someone near you. Feel free to contact me.