To bring a claim for malpractice, you must not only show that the hospital the hospital was negligent, but that you sustained injuries as a result of the alleged malpractice. Even if I assume for the purpose of this response that the hospital negligent, you would need to be able to show that the failure to take an x-ray and diagnose your fracture made you worse off than you would have been had the fracture been properly diagnosed. Since you didn't go back to the hospital for 3 months, and didn't require a surgery to fix it, it is not the type of case that I would get involved in. That's not to say that other attorneys wouldn't take your case so if you are interested in pursuing the matter, you should contact an attorney immediately. That said, I would be more interested to learn additional facts about the dog bite. If the dog was not yours, you could have a very good claim against the owner of the dog as there is strict liability in NY for dog bite cases if the pit bull showed vicious propensities prior to biting you, meaning, the dog or acted aggressively towards others. Good luck.
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Check with an atty, asap, who handles med mal in the state where the 1st hospital is located. Every state has rules about how much time you have to bring a lawsuit, and you may have waited too long. f you have healed up fine and the delay in care didnt cause permanent injury, you may not ahve a big damage case. That may affect your finding a lawyer.
I agree with my colleague from Mineola. The question isn't just malpractice but whether, in this case, that malpractice increased the damages you could have otherwise expected. Consult with an attorney in your area to explore the question of your damages as well as a potential dog bite case. Good luck.
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The hospital could be held responsible if it can be proven that they are the cause of the further injury. I think your best bet would be to sue the owners of the dog that bite you. (if the dog is not yours) I would suggest legal advise to get more detail information.
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