Legal Question in Medical Malpractice in California
Hand surgery
I was in a auto accident in the middle of november. I broke my 5th metacarpal bone in my left hand. I went to an orthopedic doctor who looked at the x-ray and told me it was a spiral fracture and I would need surgery to place a wire in my hand. I had to pay for everything up front because I had no insurance.After the surgery I was in a great deal of pain for 3 weeks. On my next visit the doctor removed the wire then took the x-ray. He said everything was healing fine and my hand would be totally back to normal and told me to just start bending my fingers. I have since gotten insurance and went to see a new doctor. I showed him the last x-ray taken and the bone was still completely broken and had never been set. I had to go in for another invasive surgery which required a pin, plate and 6 screws. In 6-8 months I will need to have any additional surgery to have everything removed. This should all have been done in the original surgery. My doctor says now that my hand will never have complete use again. Do I have a case?
5 Answers from Attorneys
Re: Hand surgery
You must start from the original tortfeasor, then when you're done with him you'll go after the doctor.
Presently I'm in a process of hiring an ortho hand-surgeon expert to testify for a botched hand surgery. It has been very difficult to find a doctor who is willing to take on a fellow ortho in a med-mal case. Thus, speak to your present doctor and find out if he is willing to (1)testify and (2) opine that the first surgery fell below acceptable medical standards.
Lastly, you need a lawyer to help you in this matter as there are numerous issues which you could easily misshandle. Call your lawyer or call me for a consultation. We specialize in personal injury as well as medical malpractice law. (323)782-0099.
Re: Hand surgery
Yes, potentially you do. You should get a consult from another specialist.
Additionally, these damages may be able to be recovered in the automobile accident, though the adverse driver may use the doctor's negligence as an offset. Thus both matters must be addressed together.
Joel Selik
800-894-2889
www.4thelaw.com/services2.html
Joel Selik
Re: Hand surgery
Who was at fault in the auto accident? The at fault driver will also be liable for any negligent medical care. Please call me directly at (619) 222-3504.
Re: Hand surgery
You may have a case if the original doctor fell below the standard of care. That can only be verified by a qualified doctor. The person who originally hurt you is on the hook for your misfortune. That is for sure. Negligent treatment is foreseeable under California law and an item of damages. I have been doing insurance defense work over 15 years and that is a big issue a lot of times. Don't blow your statute of limitations as to the person who caused your accident. You can sort out the med-mal issue later. I practice law in California and Indiana.
Dr. Michael Cortson
Re: Hand surgery
All of this may be attributable to the original car accident in a claim against the other driver (if it was that driver's fault).
Feel free to give me a call to schedule a free, in-person appointment. I'm in the North San Fernando Valley in Mission Hills, CA.
(818) 365-6445.
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