If a medicial condition was not properly diagnosed and treated, do I have a case for medical malpractice?

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If a medicial condition was not properly diagnosed and treated, do I have a case for medical malpractice?

I went to a 24 hour emergency care facility for a broken toe. X-ray’s were done, confirmed a fracture, then they attempted to “correct” my dislocated toe. I was told to go for a follow up visit in 3 days with a foot specialist. I was in pain and my toe did not look straight. I asked the doctor several times if it was okay and she assured me it was fine. I went to see a foot specialist the next morning after waking in alot of pain. The special said I had a spiral fracture, that my toe was still dislocated and fractured. He asked if the 24 hour facility had taken a 2nd X-ray, to which I said no.

Asked on January 2, 2012 under Malpractice Law, Texas

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Medical malpractice may be present here but understand that a lot of factors go in to a court's determination or arbitrator's determination on this matter. In most situations, factors to look at include whether something was common practice or custom. In youe situation, the question would be whether the second xray should have occurred or if it was supposed to or common to occur or whether emergency room techs or doctors may not know or be trained or have medical protocol to take a second x-ray. Now that you have the second opinion, make sure you write down or record all of the pain you have felt and when and for how long and to what degree since the incident and since the emergency room visit and make sure you speak to the hospital for copies of your file. Then if you wish to pursue, see if you can get a consultation meeting with a medical malpractice attorney and discuss whether or not this case is going to be worth pursuing (i.e., expenses may outweigh benefits).


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