Legal Question in Medical Malpractice in Michigan

Broken Leg

In 2005 I broke my leg. The doctor that treated me decided not to do surgery but instead put my leg in a cast. I continued to see him once a month for the next 7-8 months. He began telling me that it did not look like my leg was healing but he was hoping it would. He said he did not ''think'' he could put a rod in it now but soon after I got some insurance he said he could. About two months later my insurance was changed to another plan and the next month he refused to see me any longer. I recently saw another doctor who has told me that my leg is still not healed and says I need surgery. Is it possible to sue the first Dr?

Thank You


Asked on 12/27/07, 6:33 pm

1 Answer from Attorneys

Renee Walsh LawRefs Nonprofit

Re: Broken Leg

Yes, you can sue for medical malpractice and should see an attorney who specializes in that area as soon as possible. In part, you must prove that the doctor breached the standard of care and that his breach caused damage. In order to do so, you will need an expert who will testify to this. An expert attorney will know of an expert to consult.

You have a statute of limitations of two years from the date of accrual. There are intricacies of calculating the date and there is additional time for discovery of the injury. You need to file a Notice of Intent to sue within the statute of limitations period in order to get in the door. Your attorney will need as much time as possible.

If you would like a referral to an expert please inquire. I used to defend hospitals and doctors in these claims and can give you a name of some formidable plaintiff's attorneys.

Good luck. Please contact me at www.lawrefs.com or directly via my email.

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Answered on 12/27/07, 9:05 pm


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