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.

I would recommend contacting an attorney who specializes in medical malpractice. They will collect your pertinent medical records and have an expert physician review those to determine whether your doctor's care and treatment was negligent. There are certain professional standards that every medical professional must abide by. If your doctor fell below the acceptable standard of care and that failure caused you injury, then you are entitled to compensation for your loss, including lost wages, pain and suffering, loss of use, etc.

Please remember that medical malpractice claims have a three year statute of limitations. Thus, seek an attorney soon to collect and review your medical records because three years after the injury causing event you will be barred from bringing a claim.