What Steps Do I Need To Take In Proving Medical Negligence? I Was Sent Home With A Broken Bone...

by **fielding** » Sun Jan 19, 2014 9:31 am

The attending doctor for the E.R. sent me property saying that I had no visible fractures or breaks. A second opinion confirmed my broken foot and when I took my original E.R. xrays to the new physician, he discovered the break on the E.R. xrays. Now it is significantly worse with calcium deposits and soft tissue damage. What do I need to do to prove healthcare negligence on behalf of the E.R.?

by **Corin** » Mon Jan 20, 2014 6:22 am

Please, please, please, don't tell me that you are going to try to do this on your own! Get a lawyer! I tell you how it would be done in Texas, assuming that you went to a competent, experienced med-mal lawyer. See the lawyer, discuss the case with him or her. If it sounds promising, he or she will investigate your case. The lawyer gets the medical records from the hospital and doctors. Lawyer reviews the records. If the case has merit, the lawyer asks a medical expert to review the records and give his or her opinion. If the opinion comes back in your favor, the lawyer will sign you up and then be legally able to file suit for you. To answer your question in another way, in this sort of case, the key thing is the testimony of the expert witness, since that is the needed testimony as to standard of care and causation. Courts have tightened up a good deal in recent years on expert testimony, so when an expert testifies, it will carry a lot of weight. If the doctor or the hospital or some defendant violated their duty of care, thereby injuring you, you've proven negligence. Here' s a link which should give you more background on the area. http://en.wikipedia.org/wiki/Medical_malpractice From what it sounds, you may have a ncie case, but don't plan on retiring off of your winnings. Actually, your damages sound rather small as med-mal cases go. You may have trouble getting a heavy hitter to take the case, but it sounds like a nice case for someone younger. Since medical malpractice lawyers don't get a dime unless they win, they are pretty picky about what cases they take. Since you have relatively small damages comapred to cases where death or paralysis occured, you may have to shop it around a bit. If you aren't after money and jsut want your pound of flesh, you might consider filing a complaint with your state's medical licensing board and whatever board governs hospitals. The complaints are investigated seriously and oftentimes will result in improvements in procedures. The doctor could be required to take remedial education. Sources: experience and cited above Snow_Leopard's Recommendations Wall of Silence: The Untold Story of the Medical Mistakes that Kill and Injure Millions of Americans Amazon List Price: $24.95 Used from: $2.87 Average Customer Rating: 5.0 out of 5(based on 12 reviews) Medical Liability in a Nutshell(Nutshell Series) Amazon List Price: $28.00 Used from: $18.83 Snow_Leopard 72 months ago Please sign in to give a compliment. Please verify your account to give a compliment. Please sign in to send a message. Please verify your account to send a message.

by **Garbhan** » Tue Jan 28, 2014 9:47 pm

gabrielhusseinnova said: 1 What's your purpose? You'll need to see a malpractice lawyer. 72 months ago

by **hototo** » Tue Jan 28, 2014 11:36 pm

Maybe You may well have a medical malpractice claim BUT: litigating and proving a malpractice claim is very expensive and difficult and you will be up against heavy duty defense lawyers funded by the malpractice insurance carrier. The standards of proof vary in each state but none of them are simple. You need to consult with an experienced malpractice plaintiff's lawyer to evaluate your case and to determine whether the time and expense of litigation is justified. JBENZ 72 months ago Please sign in to give a compliment. Please verify your account to give a compliment. Please sign in to send a message. Please verify your account to send a message.

by **VenetiaRose** » Wed Jan 29, 2014 7:19 am

I feel you should really sue the doctor and the concerned hospital authorities. A case of medical negligence, hire a good medical malpractice lawyer and get your claim.

by **Hunfried** » Sat Feb 08, 2014 7:15 am

You may well have a medical malpractice claim BUT: litigating and proving a malpractice claim is very expensive and difficult and you will be up against heavy duty defense lawyers funded by the malpractice insurance carrier. The standards of proof vary in each state but none of them are simple. You need to consult with an experienced malpractice plaintiff's lawyer to evaluate your case and to determine whether the time and expense of litigation is justified.

by **Amet** » Mon Feb 10, 2014 8:09 am

I tell you how it would be done in Texas, assuming that you went to a competent, experienced med-mal lawyer. See the lawyer, discuss the case with him or her. If it sounds promising, he or she will investigate your case. The lawyer gets the medical records from the hospital and doctors. Lawyer reviews the records. If the case has merit, the lawyer asks a medical expert to review the records and give his or her opinion. If the opinion comes back in your favor, the lawyer will sign you up and then be legally able to file suit for you. To answer your question in another way, in this sort of case, the key thing is the testimony of the expert witness, since that is the needed testimony as to standard of care and causation. Courts have tightened up a good deal in recent years on expert testimony, so when an expert testifies, it will carry a lot of weight. If the doctor or the hospital or some defendant violated their duty of care, thereby injuring you, you've proven negligence. Here' s a link which should give you more background on the area. http://en.wikipedia.org/wiki/Medical_malpractice From what it sounds, you may have a ncie case, but don't plan on retiring off of your winnings. Actually, your damages sound rather small as med-mal cases go. You may have trouble getting a heavy hitter to take the case, but it sounds like a nice case for someone younger. Since medical malpractice lawyers don't get a dime unless they win, they are pretty picky about what cases they take. Since you have relatively small damages comapred to cases where death or paralysis occured, you may have to shop it around a bit. If you aren't after money and jsut want your pound of flesh, you might consider filing a complaint with your state's medical licensing board and whatever board governs hospitals. The complaints are investigated seriously and oftentimes will result in improvements in procedures. The doctor could be required to take remedial education.

by **Anastasio** » Sun Feb 16, 2014 10:09 pm

See an attorney specializing in medical malpractice and follow the advice he or she gives you. Your before & after X-rays are a good start. Only an attorney can weave through the system of BS. Good Luck.

by **bernie** » Wed Feb 19, 2014 10:04 pm

What's your purpose? You'll need to see a malpractice lawyer.

by **Wudoweard** » Tue Feb 25, 2014 1:15 am

Yes I agree there are many attorneys in this field who offer free consultation, go to one of them. I should warn you though that they will be focused on the damages, not the liability. A doctor may have made a negligent diagnosis but if there is no significant lost work or medical expense or a lot of permanent pain or loss of function, the case is "low value" and many lawyers won't take it.

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