If a doctor put pins in my wrist and they broke can I sue?

[patwin87]

When I was 16 (2001 year ago) I had 2 pins put in my wrist (they are thin like needles, titanium I suppose) to hold the ligament onto the bone...basically it is keeping the two bones in my forearm connected together at the wrist. Well about 3 years later I noticed one of the pins broke. I went to the emergency room since I had no insurance and they took an xray which affirmed but I had no insurance to go to the doctor anymore and I learned to deal with the pain. In 2007, I had insurance and went back to the doctor which put the pins in my wrist, the doctor was not available for my appointment but the other doctor I saw, after looking at the xrays and saying how bad my wrist looked, said "well, theres still one pin that doesnt look broken and your insurance doesnt cover pre existing injuries". I couldn't afford any surgery and they ignored any obligation.

Now, I am almost 100% certain both pins have broken, I am in extreme pain all day and even menial tasks like folding laundry or trying to make a sandwich are almost unbearable.

It is possible there is a lawsuit to be made? Against the pin manufacturer or the doctor for malpractice?

[cadby]

welll, first you should get some insurace, and a lawyer.and then, take that little scum bag to church, and stick a metal pole in his arm and see how he likes it!!!!!!!!!!!!!!!!!

[iden]

your attorney would have to prove that either the pins were defective [case against manufacturer] or that the wrong ones/wrong size were used [case against physician].

while there are other successful reasons that would win the case, they all require demonstrating that the product or surgery was improper for the purpose used.

That requires an attorney with significant experience and the resources to find the expert witnesses to prove that things were done wrong.

Bad outcome is not proof. Such repairs are not and never were intended to stand up to severe trauma after the surgery, for example. And you can be certain that the attorney for the defense will try to show that the cause of the second injury is your neglect of care in using the wrist after the surgery.

[ruddy]

You have NO CASE. The statute of limitations is a wobbler, since you were pediatric when they placed (which I doubt was 2001 years ago). Your damages have to be proven, and pain and suffering don't count (only lost income or expenses count).

As far as your new doctor saying your insurance doesn't cover pre-existing injuries, that sounds like BS -- docs don't know what your insurance covers, they believe what their secretaries are told by the troll secretaries at the insurance companies.

Most practically, if a pin is broken and totally in the bone, it is more work to get it out and would be even more painful, most likely.