Legal Question in Medical Malpractice in California
Malpractice involving 83 year old woman & fractured hip
My question is in regard to my mother-in-law. She broke her hip (a 'Garden III type fracture) that was repaired with pins. For many months after her operation she complained of very bad pain. The ortho took x-rays, but never bothered to do any other tests. Her hip operation was in January, 1999 and finally in August, 2000 it was determined by a bone scan (ordered by another doctor) that the fusion had never healed. The original ortho removed the pins and sent her home. My question is ''Shouldn't he be held responsible for all the pain and suffering she had for a year until another ortho finally replaced the whole hip?'' I have heard of judgment calls but he was clearly using extremely bad judgment to let her suffer.
1 Answer from Attorneys
Re: Malpractice involving 83 year old woman & fractured hip
If the doctor was negligent when he treated your mother in law for her hip she is entitled to damages (medical bills and for pain and suffering)To prove this you must show that the work the doctor did was below the standard of care in the community (not just that your mother in law got a bad result)and that the doctor's negligence caused your mother in law's injuries. You have one year from the time you discovered or should have discovered the doctor's negligence to file a lawsuit. If you want to discuss further please call me at my office. Howard Silver (818 597-2610).
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