What are my rights against a hospital for fully examining me prior to my release?

I went to the hospital and they took 3 X-rays and said nothing was broken; that I was fine and sent me home with crutches and ace wraps even though I told them i could not feel my foot. They just blew that statement off. This was a Thursday, on Tuesday I went to an orthopedic surgeon and he sent me to an MRI and they found out I tore 3 ligaments in my knee and 2 tendons and severed a nerve that caused permanent damage. I had to withdraw for the semester and have emergency surgery.

Asked on December 1, 2010 under Malpractice Law, Indiana


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You need to go and to see an attorney on this matter for consultation.  Medical malpractice actios are among one of the most difficult actions to bring.  In some states you have to have a doctor "certify" the case has value in order for you to be able to proceed.  It certainly sounds as if all the testing was properly done you would have been diagnosed sooner.  But you also have to prove that this negligence caused damage and that you had actual damages here (which again, you do seem to have from the way that you have phrased the question). The consultation should be free so take advantage of the situation. Good luck. 

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