Malpractice? Need some advice please

[mudman]

The thought of pursuing this was spurred by my last two adventures. Hiking in the Appalachians a couple weeks ago and wading while salmon fishing last weekend had me in pain. I got to thinking about my new limitations, the pain, the fact that I had to sell my manual trans jeep because it was painful to use the clutch.

Would things be different if I had had my ankle dealt with right after the injury? I don't know. Surgeon says arthritis is inevitable because of the erosion.

Thanks for the input guys.

[mudman]

Originally Posted by Guest3416

Having a valid case will also rest on the initial XRay showing an anomaly that the emergency physician missed. Is that the case?

I don't know. I'm not a radiologist.
I know it won't show the torn tendons but I would think the fracture should've been visible.

[Tobra]

That depends on where the fracture was. If it were a talar dome lesion, it would be difficult to see on plain films. It also would hurt. Where did that piece of bone come from?

If you injured it and did not have problems that sent you to a doctor for a year, and they were in your knee, not your ankle, a lawsuit is not likely to be fruitful. Today is the four year anniversary of some old rummy running a stop sign crushing my car, fleeing the scene, had to be chased down. First serious injury I have ever had. My back is ****ed forever; can't play golf with Dad, can play catch with the grandkids for about 10 minutes and I have to go lie down, can't sleep for more than about 6 hours before I have to get up and walk around. The settlement is going to net me about $13,000, after everyone else gets paid. Drunky up and died a few years ago, so I can't even go give him kick in the neck so he can see how I feel every day.

Turn the page, do your rehab

[Noah930]

Can't offer any legal advice, but some generalities:

Malpractice is only with gross negligence. You have to demonstrate the practitioner exhibited gross negligence. Not just that there was a bad outcome, or even that a mistake was made.

That standard (of gross negligence) is different for different specialists. So if a doc-in-a-box misread an x-ray, that's different than if a radiologist or podiatrist/orthopedist (in this case) misread that same x-ray.

You need to see that original x-ray to see if something really was missed or not--by the original practitioner as well as the radiologist who later read it. Not all fractures necessarily show up on initial films. Almost always a radiologist will dictate (on the official report) something to the effect of: "no acute injuries/fractures noted...clinical correlation recommended...if persistent symptoms after 1-2 weeks then repeat imaging." What happened in the days and weeks after your injury? Did you have any symptoms? Why didn't you follow-up with your regular doctor and/or specialist if you were still having problems?

Best of luck with the ankle and knee. Degenerative arthritis is not fun to have.

[Linderpat]

OK I'll be more direct; most of the advice written thus far in this thread is crap, and uninformed crap to boot. I am a lawyer - here's my advice - consult with a medical malpractice lawyer, and do it now. There are limitations on how long you can wait to file a claim. These limitations vary from state to state (PA is 2 years, and the "discovery" rule applies).

All good med-mal lawyers work on a contingent fee basis. You pay nothing unless you win, then you pay a percentage of the winnings to the lawyer. The law firm takes the economic risk; not you. Their take is typically 30% to 40%, depending on a settlement or trial. These are fair numbers, because you are guaranteed ZERO if you try to do this without a lawyer. Also, all med-mal lawyers will give you an initial consult, for free - they will talk to you.

As to the merits of the case, the ONLY way to know if you have a good case is to talk to a lawyer. Not the people on a car forum OT section. You might have a very good case (I do not know your specific facts); it sounds half decent to me - definitely worth pursuing by talking to a med-mal lawyer. The lawyer has relationships with doctors who assess your medical records and help to decide whether malpractice has occurred. THIS IS THE ONLY WAY TO KNOW.

If you truly have lost quality of life due to bad service from an urgi-care type of place, pursue it. The stuff about you choosing to go there, or you choosing to partake in the activity that harmed you, etc is all nonsense. Yes, people get hurt, and you paid for care but apparently didn't get it properly administered. The medical center holds itself out as providing quality medical care, and they must abide by whatever the proper legal duty of care standard applies. Also, the med mal standard certainly IS NOT gross negligence.

[bpu699]

Originally Posted by Linderpat

OK I'll be more direct; most of the advice written thus far in this thread is crap, and uninformed crap to boot...

Well, as a doc and someone with experience with litigation, I would suggest your comments are awefully aggressive...

This attitude is partly why we have the malpractice premiums we do, and why docs are fleeing from high malpractice states... Also explains why some lawyers have the reputation they do...

The OP was seen for an injury... and xray was done... and he was feeling pain free since. He didn't have any pain or reason to see someone for the ankle since...
Sees an orthopod and has a "now found" ankle abnormality that may or may not have occured a year ago...

Forget the fact that he was pain free...

Forget the fact that he didn't feel an urgent need to follow up...

Forget the fact that 1 year passed...

Forget the fact that there is no evidence to suggest that the alledged delay caused injury...

Forget the fact that there is no proof of permanent damage...

By all means. See a lawyer. If the info is dramatically different than what was presented, perhaps there is a case...

80-90% of med-mal cases which actually goto trial are won by the provider. And those are cases that have been vetted, with serious injuries or death. Thats because in the majority of cases the docs did what they could, and were within the standards of practice...

I have supported patients who were screwed by other docs. More than willing to testify...

This isn't one of those cases. Telling the guy to see a lawyer is doing him a diservice, and not shining the brightest light on lawyers...

To the OP, focus on your health, and get better... Did you get surgery on your knee, or your ankle... the original note isn't that clear. Sounds like you went in for knee pain, and then had knee surgery?

Honestly, if I were you I would delete this entire thread. You mentioned the clinic by name, and subseuently accused them of malpractice. Not a wise thing to do on the net... You also have documented in perpituity that you had no pain for a year (that will come up in discovery - heaven forbid). Now, this is all based on what was posted. If the original xray showed an acute fracture which was displaced, and that was missed or not communicated, then all bets are off. But thats not what was posted...

[Seahawk]

Originally Posted by Linderpat

As to the merits of the case, the ONLY way to know if you have a good case is to talk to a lawyer. Not the people on a car forum OT section.

Based on the fact that you showed up, seems to have worked just fine

To the OP. I was hit by a car when I was 19 and the impact of the significant trauma to my leg didn't manifest through the rest of my body until my mid 40's. I was a college athlete, etc.

DO NOT do what I did, which was to to try and work the pain away, gut it out, no medicine, etc. Find the right folks, get the right care and carefully manage the meds to get back to the things you enjoy.

Best.

[Bill Douglas]

Take two asprins and sue me in the morning.

[wdfifteen]

Originally Posted by Linderpat

As to the merits of the case, the ONLY way to know if you have a good case is to talk to a lawyer. Not the people on a car forum OT section.

I am offended!

Don't miss the irony that the above advice also came from a car forum OT section.

[Noah930]

I would take linderpat's advice with a large grain of salt. He writes like a true applicant attorney.

[Linderpat]

Originally Posted by bpu699

Well, as a doc and someone with experience with litigation, I would suggest your comments are awefully aggressive...

...
By all means. See a lawyer. If the info is dramatically different than what was presented, perhaps there is a case...

..

This isn't one of those cases. Telling the guy to see a lawyer is doing him a diservice, and not shining the brightest light on lawyers...

...

Of course this is your position, doctor. I have no dog in the hunt, I do not practice this type of law. Also, I never said he has a case. He asked whether he did or not, and I said the only way to know is to ask a lawyer that does this type of work to evaluate. Are you suggesting that medical malpractice should go unchecked? Also, the real disservice is telling a guy to suck it up, if there was in fact harm caused by another.

And Noah, not sure what an applicant attorney is, but I guess I'll take that as a compliment

[McLovin]

Certainly nothing wrong with seeing if you can find a contingency med mal atty to bite on this. As Bluto said, "It don't cost nothing."

Open up the yellow pages, give a few a call, let us know how it works out.

[aigel]

What is pursuing a malpractice lawsuit going to change? It won't repair your foot or knee ... I would only blame myself for being careless not to follow up and immediately look ahead. I would never go back and remind myself on a regular basis of bad events that took place in the past by starting a lawsuit.

Like others have said, you aren't a spring chicken any more. Get used to some aches and pains an physical limitations starting to creep up. It would happen sooner than later anyway, especially with high demands towards your physical abilities.

Also, give it some time. Your body can do amazing things if you give it time. Attitude is half the battle and by looking forward, you will get there quickly.

G

[Baz]

[Nathans_Dad]

As a doc, I would have to agree that it would be tough to prove (based on what has been offered here) that the initial injury directly caused the bone fragment and was missed at the time of X Ray. You were pain free for a year. How can you prove that some other small twist or turn of the ankle didn't do the damage? If there's not evidence of a fracture or avulsion on the initial XRay, you will have a tough time making that case.

A bit disappointed in the lawyer's comments, but not surprised. As has been said above, at some point our society is going to have to decide what is really worth suing over and what isn't. This attitude that you should just call a lawyer and throw something up against the wall to see if it sticks is going to kill our country.

I'm sorry your knee hurts, I'm sorry you had to have surgery to try and fix it. I just doubt you have much of a case to prove malpractice here.

[McLovin]

Originally Posted by Nathans_Dad

A bit disappointed in the lawyer's comments, but not surprised. As has been said above, at some point our society is going to have to decide what is really worth suing over and what isn't. This attitude that you should just call a lawyer and throw something up against the wall to see if it sticks is going to kill our country.

.

The system isn't perfect, but it does have some built in safeguards.

As in this instance.

He can call lawyers, but that's a completely different thing than actually finding one to risk his own time and money to file a contingency suit.

I think it's unlikely.

Contingency lawyers like to see two things: (1) Clear liability, and (2) significant damages (like someone died, lost a limb, permanently disabled, significant brain damage, etc).

If both are present, any contingency lawyer would take the case.

If neither are present, almost all will not take the case.

[greglepore]

+1. In the malpractice world the risk side of the risk/reward equation is pretty high, and any good malpractice attorney is selective. Case needs both liability and damages, or needs to be a huge slam dunk on the other side if one side has problems. Here, I see large damages issues, forgetting liability, on which I can't comment.

[targa911S]

an error in diagnosis does not constitute malpractice.

[recycled sixtie]

The urgent care centre stated that nothing was broken. So they did their part however if I was them I would have recommended going to see a specialist as a follow up. There is nothing wrong with a second opinion and I have done that in the past thinking the next doc might be better. In some cases he was.

In terms of lawsuit I don't think you have a leg to stand on(pardon the pun). The slowness with which you followed up was not good.

I am not a med professional. More physio? Another specialist?

[Moses]

People in the third world would love access to the care we take for granted. It seems every time we suffer a setback, SOMEONE has to pay. It's embarassing. America needs to HTFU.