Legal Question in Medical Malpractice in Illinois

In July of 2004, I was exiting a public transportation bus and as I stepped off the last step, which is usually somewhat high, my left foot landed on uneven concrete. As a result my left ankle rolled to the left, and the rest of my body weight came down on it, making the twist even worse. I recall I heard two distinct "pops". The next thing I knew I was in excruciating pain and on the verge of passing out. I went into the train station that the bus stopped at and asked for help, which seemed like I was asking for too much from the public transportation employees, but eventually they called an ambulance. I was given a routine examination by the ambulance technicians and they looked at my ankle which was extremely swollen by this time. They suggested I may have broken my ankle but they couldn't be absolutely certain. So a temporary splint was put on my left leg and I was taken to a local hospital. The wait time wasn't too long; however, after I was taken to get an x-ray I was placed in an examination room and waited for some time. Finally, a female doctor peeked in and briefly said that I did not break my ankle and that I could go home. And with that she was gone before I could get anymore information from her. Ten minutes passed and a nurse came in to start the process of releasing me and I asked her where the doctor was because I still had questions. After about an additional 15 minutes both the nurse and the doctor came in, but this time the doctor seemed very impatient and uncaring as to my pain or concern and repeatedly told me earlier that I did not break my ankle and I could go home. I asked her for an explanation as to what I DID do to it, and she just said that it may be slightly sprained but to rest tonight and try walking on it tomorrow. And at that she noticed the temporary splint which was put on my ankle by the ambulance driver and proceeded to rip it off of my foot! As she did this I noticed that she seemed even more annoyed that I had it on. I had to pull my foot out of the splint before she twisted the cast off my foot so she wouldn't hurt it. I felt as if she thought I was making a big deal out of my injury when to me it was a big deal. I was almost afraid to ask for crutches but she condescendingly said I didn't need them because I didn't break my ankle. By this time my sister had come to see about me, and after I explained to the doctor that my ankle was very painful and I couldn't put any weight on it she demanded for me to try to take a few steps like she didn't believe me. So I had to get off the examination gurney, without any assistance from anyone, and try to step down on my ankle. It was still very painful and I was not able to control it. My left foot was slightly turned inward but no matter how much I tried I could not move it to straighten it out. As I tried in vain to put weight on it, the foot kept rolling underneath my leg. So the doctor allowed me to have the crutches after it seemed like she rolled her eyes. After I got the crutches, the nurse advised me to stay off of my ankle for the rest of the day and try walking on it the following day while she wrapped it in a compression bandage over my sock. After I left the hospital I recalled how the doctor never once took a look at my ankle. She never lifted my pant leg or removed my sock to see what my leg looked like. After two weeks of trying to follow the doctor's orders my ankle's swelling went down only slightly but bruises were now going up both sides of my leg, my entire foot was swollen with a large bruise on top, and the whole foot felt a little numb. By that time my sister suggested to me to get a second opinion with a small family practice nearby. It was during this examination when the doctor's nurse removed the compression bandage that I realized that I did much more than just a slight sprain. The doctor and nurse were both shocked at the appearance of my ankle and by the improper treatment I got from the previous doctor. This doctor said it could be possible 3rd degrees sprain with torn ligaments and/or tendons, as well a possible broken bone. He suggested a local free hospital since by this time I lost my job and was unable to attend school because of the injury. The following day I went to the free hospital were the doctors were quick, caring, informative and very concerned as to why I was not given the proper treatment at the time of my injury. Another x-ray revealed there was a small broken bone. As for additional damage, the doctors were not sure about ligament and tendon damage until I got a MRI of my ankle. I spent an additional 3 months on bed rest but at least I got the necessary treatment I desperately needed. Eventually my ankle healed but I am still in immense pain at times, and I'm not able to stand or walk for longer than two hours. Sometimes I get pain for no apparent reason. Is there still a chance I can sue the first hospital or doctor for not giving me proper treatment or information?


Asked on 6/19/10, 2:09 pm

1 Answer from Attorneys

Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

Based on the information provided,no.

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Answered on 6/24/10, 4:43 am


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