Legal Question in Personal Injury in Michigan
Wrong diagnose
In Feb, I was hit by another driver, she was at fault. The hospital said my left thumb was broke. Put a finger cot on it and sent me home. Told me to contact my family doctor which I did. He said the same thing as the hospital. After 2 months, it still did not heal right. My doctor sent me back to hospital for another x-ray. Came back as thumb healing fine. He wanted to send me to physical therapy, saying it was probably torn tendons, or something like that. Said the bone was healing fine. This did not seem right to me, as I had seen the X-ray, and it just did not look right. I then went to my former doctor, who took x-rays, and told me it should have been set at the very begining, and my thumb, or hand put in a cast. He said to go to an orthopedic surgeon. I did. He told me that my thumb should have been set at the very onset, and it would have healed fine. Now he is not sure if he can even fix it. It would take bone grafts and pins to try to fix it. He is also one of the top doctors in his field.
What should and can I do?
2 Answers from Attorneys
Re: Wrong diagnose
If the other driver is at fault, you should bring a claim against the other driver. However, at the same time, a notice should be sent to the doctor which will allow you to file a malpractice case. As far as whether a malpracice claim is the best way to go, a lot would depend on the amount of insurance available from the other driver. For every dollar you get from the other driver, a dollar would be deducted from a malpractice recovery. The auto case is far easier and less expensive than the malpractice case. That, plus the likely setoff, is the reason that all lawyers will advise you to start the auto case first. Also, an independent assessment would have to be made concerning how the thumb injury effects your life. For example, if you were a musician, it would effect your life more severely than if you were retired and did not use your hands for extremely minute work. Iam extremely experienced in both the auto area and in the preparation and trial of malpractice claims. Feel free to contact me at 248-353-9400. Bill Stern
Re: Wrong diagnose
To sue the driver you would have show not only negligence on her part, but that you suffered either a permanent and serious disfigurement or a permanet and serious impairment of a body function. Your facts sound actionable - I would proceed against the driver first and take a hard look at the medical records to determine if there is a medical malpractice case.
You can call me directly with further questions.
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