Legal Question in Medical Malpractice in New Jersey
I went to the emergency room 2 days ago, with an infected ingrown toenail, with a new growth on it. They looked at my foot, took my blood pressure, temp, pulse oxygen saturation, and sent me home with antibiotics and a referral to the podiatrist.
I was did not have the time to fill the prescription so I haven' t been taking the antibiotics, or gone to the podiatrist.
Regardless, I followed their in-home care instructions and my toe is now blue, almost impossible to walk on, and, i have excrusiating pain.
Why would I have waited in the ER for 2 hours just for a referra, obviously I thought it was serious enough to go in the first place.
Is this malpractice?
1 Answer from Attorneys
From the facts you presented, I do not see a malpractice case, I would get involved with.
Even if there was malpractice, it would be easy for the ER to convince a jury that THEY did everything right (antibiotics for infection and referral for local wound care) and that if you followed their instructions everything would have turned out fine.
This is my opinion only, and I urge you to seek additional opinions, if you are interested in pursuing legal action in this matter.
If you believe you have a case, I urge you to start calling medical malpractice attorneys today. Medical malpractice attorneys will generally listen to your complaint for free. If they think you have a case, they will invite you to their office to find out more details. Generally they will not charge for this service, but, if they believe you have a case, will offer to take the case on a contingent fee basis, meaning you only pay them out the money they win for you, if any.
I also urge anyone with an active medical problem to seek appropriate and timely medical advice. Notwithstanding my M.D, status, I do not dispense medical advice,
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