What to do about a personal injury that went undiagnosed by an ER?

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What to do about a personal injury that went undiagnosed by an ER?

Last June I went to an ER for a shoulder injury. They gave me some pain pills and sent me home; this after taking X-rays (the person that did them seem to be in training). I barely slept that night so the next day I went to an orthopedist who sent back to the ER after seeing the X-ray. It showed my shoulder was way dislocated. It took about 3 hours to get it back in. The difficulty in doing so was due to it being out overnight. The healing and physical therapy took much longer due to it being out of the socket for so long a time. As a result of all of this I was let go from my job. I spent a bunch of money and to this day I don’t feel normal. Should I speak with a personal injury attorney? In Sarasota, FL.

Asked on May 2, 2011 under Malpractice Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Definitely speak with a personal injury attorney; you may have a malpractice claim. The issue will be whether the ER (e.g. the doctor, any technicians, etc.) were unreasonably careless in some fashion; or to state it a different way, whether you did not get the reasonably expected level of medical care  and diagnosis. If they did a good job and it was reasonable to miss the dislocation, there probably is no liability, since in that case there would be no fault; but if they were were sloppy, careless, poorly trained, rushed, used bad equipment, etc., then you might have grounds to sue for your medical costs, lost wages, and possibly also pain and suffering as well. From what you write, it would be wll worth consulting with an attorney. Good luck.


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