Legal Question in Medical Malpractice in Michigan
Ankle surgery - lack of followup and remaining fragment
My wife broke and dislocated her ankle (small bone, and the side of the big bone) on Memorial day weekend of 2006, and had surgery (plates/screws) performed by the on call doctor in the local hospital. One x-ray was taken on the operating table, and this was the only one taken during her after-care. She had two followup visits - one replaced the plaster cast with a fiberglass one, and the other removed the fiberglass cast. They sent her out the door with her crutches and said to gradually put weight on it.
She was still having a lot of pain, discomfort and significant swelling about 4 weeks after the last visit, and she called to complain to the doctor. The nurse said ankle injuries take time to heal. When my wife pushed the nurse for how long it would take, she said ''If the swelling never goes away, give us a call''.
She called again 2 weeks later, asking if she could get a ''boot'' because her foot was still too swollen to fit into her shoe. She was told to buy bigger shoes.
She got a second opinion, and a CT scan which revealed a bone fragment still in the ankle, and that the small bone was too short and rotated improperly. The new doctor did say that the xray that the other doctor took looked OK.
Do we have a case?
1 Answer from Attorneys
Re: Ankle surgery - lack of followup and remaining fragment
It sounds like you do. In pursuing med-mal cases, a like expert must support your position and testify that the physician had a duty which was breached and which breach caused damage. You have a limited time period in which to file your Notice of Intent to Sue and Complaint for Malpractice so do not delay!
If you want a referral to an excellent med-mal plaintiff attorney, email me. I defended hospitals and doctors for several years and the guy I'm thinking of was a formidable opponent.
(Please do not rely on this communication which does not create an attorney-client relationship and which is intended merely as a discussion of legal principles and is not to be relied upon.)
If you have further questions or concerns, or desire more specific information, please contact me at www.lawrefs.com.
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