Can I sue if I’ve had 3 X-rays done in the ER over a 3 month period due to a fracture and sprain in my foot but they missed a broken toe?

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Can I sue if I’ve had 3 X-rays done in the ER over a 3 month period due to a fracture and sprain in my foot but they missed a broken toe?

Asked on June 2, 2015 under Malpractice Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You may be able to sue, but it's probably not worth doing so. While it may well have been negligent, or unreasonably careless, to have missed the broken toe, all you can recover is an amount of money equivalent to the extra or additional medical costs incurred due to the delay in diagnosis, and posssibly some "pain and suffering" if the delay caused significant, long-lasting impairment. But to get that amount of money, which for a broken toe is not likely to be large, you'd have to hire a medical expert (a doctor) to testify, and such experts do not work cheap--you could easily spend more on the lawsuit than you'd get out of it.


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