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Do I have a malpratice suit against the doctor or the hospital?
Hyattsville, MD
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Posted 7 months ago in Medical Malpractice
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On Feb. 12, 2008, I slipped on ice on our back steps, I went to the emergency room. I was seen by a doctor who took my info. I had fractured some ribs in my back, but I also complained about pain in my elbow. Its on the med. report. He felt it and said I had a bruise. Sent me to xrays, but only of my back. 3 mons later I was doing a follow up with my regular doctor and complain that I still had alot of pain in my elbow. He had xrays done and found out I had fractured my elbow when I fell and if it had been diagnosed then it wouldn't have started to heal incorrectly. There wasn't much that could be done. I had gone to therapy for several months . Over a year later I am still having alot of pain in my elbow and I have been told that I will never be able to staighten my arm. What are my choices??
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Answers (2)
David Jay Gorewitz
This attorney is licensed in Florida and 2 other states.
Posted 7 months ago.
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Malpractice cases are difficult and costly and usually there are limited time periods to bring such a suit. You need to speak to a lawyer in your locality to determine whether your case warrants the cost and expense of bringing such a suit. Normally, a lawyer will consider the extent of damages, the probability of success and the cost of bringing such an action. One of the key questions will be how significant your disability, whether it has an impact on your earnings, and whether it is something that can be corrected through additional medical intervention. Good luck.
Alan James Brinkmeier
This attorney is licensed in Illinois.
Posted 7 months ago.
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Check with a MD personal injury lawyer to see what the the applicable standard of care is.
You might find my Legal Guide helpful, "Successful Start for a Personal Injury Lawsuit" http://www.avvo.com/legal-guides/ugc/successful-start-for-a-personal-injury-lawsuit Because this matter is so important you should really get a lawyer. You might find my Legal Guide helpful "How to Choose A Lawyer For You" http://www.avvo.com/legal-guides/ugc/how-to-choose-a-lawyer-for-you You might find my Legal Guide helpful " What Do I Tell My Lawyer" http://www.avvo.com/legal-guides/ugc/what-do-i-tell-my-lawyer No one can know what the record is in the case because online we cannot see your documents. You need a lawyer. Check with a lawyer in your locale to discuss more of the details. Good luck to you. NOTE: This answer is made available by the 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 with whom you have established an attorney client relationship and 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.
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