missed broken bone

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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. 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; 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. 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. 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.

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Type: Question • Score: 2 • Views: 3,902 • Replies: 8

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ER Dr.s generally say - 'we don't see anything, but follow up with your dr. if there's more pain.'

From what you describe your injuries were, a wrist was probably the least of their worries.

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@PUNKEY,

Some e/r's have been better run than others, but trauma centers deal in max level stress and in my experience (I was never employed in one but I've known many who worked it including a chief of emergency in a major city hospital in dangerville) they break their asses helping.

Taking a suit like this to trial or even settlement - I'm guessing there wouldn't be much back up for you. I don't know - I'm not an attorney or e.r. person. I'll follow along to see what more knowledgeable people may say, one way or another.

Adds, though, that I'm really sorry that happened for you.

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It pays to have good insurance and for all it's worth, I'd avoid use of any ER if possible. The brightest of the bright aren't always found there treating patients.

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@co0lguy78,

thanks to all that replied im not out for money at all but at the same time i was evicted from my apartment because i couldn't work, many lawyers turned my case down because of my pending personal injury case but i do think it's the hospitals fault for not catching the fracture. i spoke with a close friend who is a x ray tech and he told me all you have to do is increase the radiation level and the fracture will show. i'll keep you posted if a lawyer picks my case up so that if you know anyone in the future who goes through this same thing they can know how to better handle it.

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@co0lguy78,

Someone who knows more may still see this and respond.

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@ossobuco,

thats what im hoping thanks

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@co0lguy78,

co0lguy78 wrote:

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?

Quote:

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.

Quote:

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.

Quote:

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.

Quote:

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.

1 Reply

@JPB,

1. when i say same dr i mean the same medical center which has many different department i went to the E.R and then Instacare and from there i was given the orthopedic appointment.

2.no i don't have it in writing but i was told by the surgeon if this was caught sooner i would have just wore a case for a month or two but since it wasn't casted and helded in place the fracture got worse which made me require surgery and a quote from the dr is that i mite get arthritis and i will be experiencing pain and stiffness for the next year.

i will like to thank the people who replied and who was kind and not rude i posted this same question on another site and many people who seemed mad at the world for some reason were just beening rude asswholes i'll keep you posted for help in the future in case this happens to you

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missed broken bone

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