Do i have a case for malpractice

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Do i have a case for malpractice

Doctor misdiagnosed fracture for a sprain didnt even put me in splint or for a follow up just told me to keep moving/exercising hand around and sent me back to work 4 days later but I didn’t go back until a month. worked 1 day moving company had real bad pain in arm so I went some where else where they did X-rays and they told me that I have a fracture now I’m in a cast for 4 weeks and a splint after for another 4 weeks.

Asked on August 22, 2017 under Malpractice Law, Texas

Answers:

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

Answered 3 years ago | Contributor

Medical malpractice is negligence. Negligence on the part of the doctor is the failure to exercise due care which is 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, it may be possible to settle the case with the doctor's malpractice insurance carrier. Your claim filed with that insurance carrier should include your medical bills, medical reports  and documentation of wage loss. The medical bills should be from both doctors. The medical reports should be from both doctors.
Compensation for the medical bills is straight reimbursement. The medical reports document your injury and misdiagnosis, and are used to determine compensation for pain and suffering which is an amount in addition to the medical bills. Compensation for wage loss is straight reimbursement.
If the case is settled with the doctor's 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 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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