Legal Question in Medical Malpractice in Florida

I fractured my left pinkie finger Nov 2008.I did it on a Saturday and didn't think it was a big deal since I could still straighten it and bend it, but friends that saw how swollen and discolored it was convinced me to see a Dr., since I am a hairdresser and need my hands. On Monday I went to my general Dr., and he sent me for an Xray to confirm it was a fracture and he referred me to an Orthopedic Dr, that I saw on Wednesday. In the meantime I had put a splint on my finger and would often take it out and move it so it didn't get stiff. I made it very clear to the Doc that my hands are important for my work. He had me "buddy tape" it for 6 weeks. I called his office a couple or few weeks later to tell him my finger wouldn't straighten at all..(I guess it would be the middle knuckle) He said it takes 6 weeks to heal a brake. I feel he didn't care or take me seriously. I KNOW I asked about physical therapy and if I need to come back for a check-up because I don't have insurance and when I went in, he said NO, the finger will be fine in 6 weeks. I believe either when I called his office, or was picking up my records to go to a Hand Surgeon he "said" he had mentioned physical therapy. On the report I picked up, it states "We will see her back on a p.r.n. basis" After my finger healed, I went to a hand surgeon hoping he could fix it. My pinkie is stuck at a permanent 45 degree if my palm is on a flat service. He said surgery couldn't fix it. My general Doc kept record when I would see him for other things in the meantime and didn't think I was treated properly or diagnosed properly. He even gave me his attorney's number, and said he would testify or be a witness or whatever. He feels bad for referring me to this Orthopedic surgeon. I called the attorney and the secretary said a pinkie is only "worth" $60,000 and it's not worth their time. An attorney's office I walked into said I probably had a case, but he does not do Mal-practice anymore and referred me to another attorney that did. Their secretary said the same thing when I called. I know a PA who thinks it can be fixed with a very skilled hand surgeon in NYC she was a patient of. I am adjusting at work with it, but I feel it has slowed me down, I used that finger as a "tool" in my work. I bump it into things all the time, and since doing hair for 10 yrs, my right hand is weak so I always used my left hand to open jars, etc. and I don't have much strength to open simple things anymore. I also can't play catch with a football anymore, which I LOVED playing on the beach!! I also couldn't join a softball team for fear of re-braking it, and it healing even worse. I also am nervous of someday getting engaged and wearing a ring since it will attract attention to my "funny" finger. I have only casually dated one guy briefly since then. It makes me very self concious. Cold weather makes it ache, as well as using my hands a lot at work. I can handle the pain now, but am scared of how much worse it will be in the future, I don't want to have to be dependant on pain meds in the future, I am only 29. I have since started college for a new career in case it rebrakes, or starts hurting too much making me unable to do hair anymore. I honestly feel if I hadn't followed his treatment and kept it staightened and also moved it like before I went to him, I would have had a much better result. I was told by other people in the medical field I showed my Xrays to afterwards, they thought I broke a tendon too and may have had to have surgery or something to get that fixed. Please let me know if there is anything to be done to help me, or other people treated by this Dr. I know it's "hear say" and I am not a Dr., but he specializes in shoulder repairs. I work with the public in a small town and have heard from nurses he is an excellent shoulder surgeon, and from other RN's the stuff they've had to deal with while caring for his patients recovering. I also heard a "hear say" that he recommended a 90 yr old patient of his have a major surgery. I'm not a Dr. but with common sense, unless it was an emergency, how would a 90 yr old woman benefit? She most likely would pass away on the table, or before her physical therapy was complete. It's a good thing concerned people watching out for her talked her out of it. I know there's only a 2yr stipulation on this, and I had given up, but I am sick and tired of hearing my clients ask, how's your finger? Have you got it fixed yet? What's wrong with your finger?etc.Thank you for your time.


Asked on 4/28/10, 9:23 pm

2 Answers from Attorneys

Angelo Marino Angelo Marino Jr. PA

I am sorry about your finger. Read my section about medical malpractice on my website to understand the issues and hard realities of medical mal. Unfortunately, unless you were able to demonstate significant loss of income, or significant future surgery, or some other significant loss, the cost of the case would not justify the suit and you would be left unhappy. www.FloridaPersonalInjuryTrialLawyer.com

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Answered on 5/04/10, 7:55 am
Tami Diebel The Plaintiffs Law Firm

While I understand my colleagues statements, I would be happy to discuss your case with you. Please call my office to discuss it. 407-637-5890.

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Answered on 5/05/10, 7:00 am


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