[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.