Legal Question in Personal Injury in Massachusetts
Injury Misdiagnosis
I recently had a scooter accident on while on a cruise to the Bahamas. The cruise line doctor took no x-rays, determined leg was not broken and diagnosed it as a soft tissue injury. I was given meds and a wheel chair for the remainder of the cruise and was encouraged to try to walk on it. Upon return home, I went to the local ER and was diagnosed with a right leg fracture which required hospitalization (4 nights) and surgery. I am currently receiving disability from work, am on pain meds, and receiving at home PT. I am on crutches and my leg is non-weight bearing (can't walk or drive)until at least 29 Nov, then will involve intense outpatient PT. Do I have a case against the cruise line?
2 Answers from Attorneys
Re: Injury Misdiagnosis
You may have a variety of claims. It is difficult to tell from the limited information you provided. Most cruise lines require that any lawsuit against them be filed in Miami, no matter where you live, where the cruise departed from, or where the injury occurred. There is also likely a 6 month or 1 year limit for making a claim. Our office handles many cases against the cruise lines. We'd be happy to discuss the situation with you. There would be no charge to you for the consultation.
Re: Injury Misdiagnosis
It depends. Did you suffer additional injuries from the misdiagnosis? Problem here is that in order to pursue a negligent claim, you are need to prove damages. The mere fact that the cruise ship doctor gave wrong medical advice is not enough. Talk to your orthopaedist and doctor and find out if you did any additional damage to your leg.
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