Hello. I'm a 22 year old male who was hit by a car in mid April 2011 in New York State, I went straight to the E.R after the hit and got x-rays on my wrist, back, leg, and hip all results came back negative. I was still feeling pain in my wrist so I went back to the same Doctor's office May 2nd 2011 to get it checked out again but there was no x-ray techs available so they scheduled me an appointment with the orthopedics department for May 24th which was about a month after the initial E.R visit.
I don't understand this. Which "same" doctor? The ER doctor?
The Orthopedics gave me another x-ray and found out I had a broken left Scaphoid (wrist bone). The Dr explained that this type of bone fracture is hard to spot but he also said he didn't understand how the E.R didn't spot the fracture because after he blew the x-ray image up he saw the fracture very faintly;
The ER was looking for obvious breaks, not obscure ones. You're assuming that normal ER practice is to "blow up" x-rays looking for faint indications of fractures. I think you may be reaching there.
so because of the month in between the diagnoses i had to receive surgery which required a bone graft and a screw implant in my left wrist.
Do you have it in writing from the orthopedic surgeon that surgery was required because
of the delay. If you're trying to claim negligence on the ER doc then you're probably going to have to show that he 1) should have seen the break under routine ER procedures, and 2) that failure to do so caused
the need for your surgery.
I am 100 % left handed and couldn't work because my hand was in a cast from May 2011 to September 2011 and I had to wear a splint from September 2011 to November 2011 and also had occupational therapy twice a week from September 2011 to November 2011.
What would the treatment have been if the break had been discovered in the ER? Would they not have casted the hand then? You'll have to be able to quantify the incremental loss of the use of your hand over what the alternative treatment would have been if the break was discovered in the ER.
After reading this my question is do I have a legitimate case for medical malpractice please explain in detail whether or not if I do or don't and why.
I'm not an attorney but if I was a juror on the case I'd be hard pressed to find in your favor with the information you've provided.