Can I seek compensation from a physician who told me my leg was sprained when in fact it is actually fratured in2 places?

There were only 2 X-rays taken at the urgent care and they said there weren’t any breaks. I could not stand on my foot. I went to my doctor 4 weeks later because of continued discomfort and they took several X-rays and found 2fractures with no evidence of healing. Now I have to go to an orthopedic doctor. Should I speak with a medical malpractice attorney? I’m in Wichita, KS. 

Asked on November 26, 2011 under Malpractice Law, Kansas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

A failue to diagnose or a wrong diagnosis can be malpractice--the issue is whether the failure was due to lack of care, training, proper equipment or process, etc., or whether the medical care provider did everything right, but came to the wrong answer. There is no liability for simply being wrong, but there is for not providing an adequate level of care. If as a result of this, you have incurred additional costs, or experienced pain and suffering, which you would not have if the diagnosis had been made properly, it would be worthwhile to consult with a malpractice attorney to evaluate the strength, value, and cost to pursue of your case.

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