Legal Question in Medical Malpractice in Alaska
In short, a second doctor x-rayed an incorrect bone, and falsely concluded that my foot had healed. For a month, I walked and ran upon it as though it were healed, until an x-ray of the correct bone showed it was still fractured.. I do not know how I might determine if the bone is worse now because of the mistake. Does this fail the requirement for injury for a malpractice suit?
I broke my foot, which then required surgery. I had several follow-up appointments, but missed my last one, which was scheduled for August. The last one I had before that was in July. My doctor was transferred, so my next appointment was scheduled for October. In September, I went to the ER because of pain.
The doctor in the ER ordered an x ray of my ankle to be taken. When the technician mentioned this, I told her that it was my foot that needed to be checked. She insisted that the bone in question was considered a part of the ankle. I conceded, since I am not a medical professional. Of course, the x-ray showed no fracture; and I was told that my bone had healed.
In October, the next x-ray showed that the fracture in my foot was still there; and a different doctor informed me of the mistake. It is not clear whether the bone is in worse condition as a result of the mistakenly ordered x-ray in September. The x-ray from September is of no value, as it does not show the affected bone at all.
I would greatly appreciate any answer you may have.
Thank you,
Brian Lowther.
1 Answer from Attorneys
As you seem to realize, one issue is whether you were damaged because of the mistake. This cannot be answered by the court; a medical professional would have to give such an opinion as an expert witness. Until such an expert can say this, and in addition, come up with a dollar amount to compensate you, I don't believe you have a case.
It does seem that the doctor should have noticed that the x-ray was of the wrong bone and, additionally, that there was no evidence of a healed fracture. Did the doctor have all of the medical records relating to this fracture available?
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