What are my rights regarding a malpractice case?

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What are my rights regarding a malpractice case?

I am a paraplegic. About 3 weeks ago, I went to the ER and found out I had a broken fibula bone just under my left knee. While wrapping my leg I asked the tec 3 or 4 times if this splint/cast was possible to leave sores because being paralyzed I would never feel anything rubbing to tell me so. He assured me there was no way because of all the padding they used. long story short I got a huge sore the size of a silver dollar on my heal inside this splint. If I get the usual infection I would like to know if I would have a case for bad doctoring or whatever they call it?

Asked on February 22, 2013 under Malpractice Law, Michigan

Answers:

Catherine Blackburn / Blackburn Law Firm

Answered 8 years ago | Contributor

Yes, you may have a case for this.  Pressure ulcers are a universally known complication of casts & splints.  For this reason, physicians must take special care to avoid them and "padding" is not the point - the absence of pressure is the point.  Padding can even make pressure worse.  I doubt that a tech should have been applying anything to your leg given the risks - a physician and better yet an orthopedic surgeon should have applied it.  As you already know, these wounds are very difficult to heal, especially with a paraplegic.

I do not know the specific laws for Michigan, but I am sure there are special malpractice laws and probably special laws for ER's.  Call some malpractice lawyers in your area to check this out.  You deserve to know if you can pursue a claim.


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