I had a injection in my right hip. I can’t move my toes or foot. Can I sue Doctor

I went to doctor with pain in my back .They said it was a pulled muscle. I got a pain injection in my right hip. Later that night I woke up in middle of night my right calf and ankle was burning and swollen . I could barely walk . I went back to doctor next day and they said the injection hit the nerve. I have been to 2 orthopedic doctors . had back surgery and my right leg is getting worse. I can’t move my toes or lift my foot up off the floor. This has been going on for 5 months.

Asked on September 20, 2017 under Malpractice Law, North Carolina

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Medical malpractice is negligence.  Negligence is the failure to exercise due care (that degree of care that a reasonable medical practitioner in the community would have exercised under the same or similar circumstances to prevent foreseeable harm).
Prior to filing a lawsuit for negligence against the doctor responsible for the injection, it may be possible to settle the case with his/her malpractice insurance carrier.
When you complete your medical treatment and are released by the other doctors or are declared by them to be permanent and stationary which means having reached a point in your medical treatment where no further improvement is anticipated, obtain your medical bills, medical reports and documentation of wage loss.  Your claim filed with the doctor's malpractice insurance carrier should include those items.
Compensation for the medical bills is straight reimbursement.  The medical reports document your medical condition and will be used to determine compensation for pain and suffering which is an amount in addition to the medical bills. Include the medical reports from the two doctors who said the cause of your medical condition was the injection being too close to the nerve.  Compensation for wage loss is straight reimbursement.
If the case is settled with the malpractice insurance carrier, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the malpractice insurance carrier, reject the settlement offers and file a lawsuit for negligence against the doctor.
If the case is NOT settled, your lawsuit for negligence against the doctor must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.
 


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