Legal Question in Personal Injury in Arkansas
My son was injured and refused medical treatment.
My son was placed in a neuro-rehab center for behavior management, therapy, etc. He sustained a broken arm which he claims was caused by a staff member pulling his arm behind his back and toward his head in an attempt to ''put him on the ground'' for restrainment due to misbehavior. The staff member insists that he ''tripped and fell''. The evidence indicates that my son's account of the events is true He received no medical care afterwards, I was never notified he was injured. The center claims that 2 nurses looked at his arm, noted that it was swollen but that he didn't indicate pain (how?) and that he had full range of movement. They advised putting an ice pack on it (which was never done). I arrived about 5 hours after the incident and his arm was swollen twice its normal size and obviously disfigured, I informed staff member that he needed an x-ray, I took him to the ER, The incident is under investigation by the state police (crimes against children division) and I have been told it would be wise to consult an attorney. I was wondering what kind of an attorney would be best to handle this? Is there a case? Is it medical malpractice or personal injury? Where should I go from here?
3 Answers from Attorneys
Re: My son was injured and refused medical treatment.
...an investgation will have to be made to determine the rights of your son and whether he or you are entitled to damages...call my Office...
Re: My son was injured and refused medical treatment.
Your claim lies in neglegence on the part of the facility and failure to deliver necessarry services. The investigation by the state police will help if they find that the claim is substantiated. If they do not, then there will be no record you can get. You will need the records from the hospital to move forward.
Yes, in my opinion, you will need an Attorney.
Re: My son was injured and refused medical treatment.
You may have a case against the facility that he was in. The outcome of the police investigation will be a big key to helping you prove the negligent treatment. You may also have a medical malpractice case if he was not given proper treatment by a dr. that treated him? Did he see any type of doctor when he was injured? I would suggest contacting an attorney as soon as possible to advise you on exactly how to proceed. You need to preserve all the evidence you can and avoid making any mistakes. And, certainly you want your son taken care of. He may need to be placed in a different facility, if that is an option. I don't know where you are located but you should find an attorney that can help you, preferably near where you are.
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