Asked over 1 year ago - Richmond, VA
FlagMy 2yr old hand minus the thumb was shut in the car.door where the door is held together at on 10/24/11. Immediately took him to Er and they did an x-ray. Dr. said nothing was wrong just to ice the hand and give motrin. No splint or anything. Diagnosed with contusion. Swelling never went down. 11/1/11 took him to another er.and was told finger was fractured! Have to see a specialist now.
Presumably you would have had to take the child to a specialist a week ago. There is only a basis for a malpractice case if the delay in diagnosis and treatment caused a significant injury. See what the doc has to say about the hand. If your child heals up well despite the delay, no case. If he has a bad result, it would be worth calling a medical malpractice lawyer for a consultation.
The good news: Luckily, kids tend to heal quickly and without serious/lasting effects after accidents like this.
The bad news: unless there is some serious complication as a result of the first doctor's misdiagnosis, you probably wont be able to find an attorney to take the case.
Our firm only takes medical malpractice cases that involve very serious injuries with clear liability - as med mal actions are extremely time consuming and expensive.
That being said, I am working with very limited facts here and the laws may differ in Virginia (I am in Florida) and I would urge you to speak to an attorney in your locale.
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