A medical malpractice case requires an expert assessment of the facts. Yours is no exception. Feel free to contact me offline if you wish to pursue this further.
JOYCE J. SWEINBERG ESQUIRE
Attorney at Law
105 A East Maple Avenue
Langhorne PA 19047
Disclaimer: Please note that this answer does not constitute legal advice. It is merely intended to provide general information to aid the poster in finding answers to the problem posed. This answer does not create an attorney-client relationship. In most cases, it is best to contact an attorney directly to find answers to your problems.
Strange. Usually xrays are not taken to confirm no fracture. In this context anyhow. Personal injury attorneys nearly always give a free initial consultation.
The insurance industry’s own statistics indicate that once an attorney becomes involved, the value of any claim at least doubles.
Put those two facts together and it is in your best interest to retain experienced legal counsel at your earliest possible convenience.
This answer is provided for informational purposes only. Actual legal advice can only be provided in an office consultation by an attorney licensed in your jurisdiction, with experience in the area of law in which your concern lies.
I would want to know why x-rays were taken to prove the collar bone was not broken in the first place. That is unusual. However, if you can show that the fracture occurred after those x-rays, and that custody was in the hospital during that time period, then I believe it merits additional investigation. We would be happy to review for no charge.
It is not uncommon for an x-ray of a newly fractured bone to be negative for evidence of a fracture and then a later x-ray shows the fracture clearly. This is due to the subsequent migration of the bone following fracture as well as the calcification involved in the body's healing response, which results in the fracture being identifiable after some period of time has taken place.
How could you know that there was no fracture of the collar bone? Was there an x-ray immediately after the birth? There are medically accepted situations where it is completely acceptable to fracture the collar bone during the child birth. In fact, there is a well known maneuver performed during difficult deliveries where this bone is fractured intentionally. Not only is this not malpractice, but can be the accepted standard of care. I think you need more facts before your question can be answered. The good news is that this particular bone is soft and may very well heal without complication. Good luck.
THESE COMMENTS ARE NOT LEGAL ADVICE. They are provided for informational purposes only. Actual legal advice can only be provided after consultation by an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship or otherwise require further consultation.