Legal Question in Medical Malpractice in New York

Verbal & Physical Abuse by Physican
I went to the ER after an ATV accident.I was complaining of pain in my tailbone and pubic area as well as my left leg and was unable to walk or stand. I was left on a back board for 6-7 hrs and was not given any pain medicine for 5-6 hrs.
The Dr. wouldn't listen to me as to where my pain was and spent 5 hrs x-raying my back(which was not injured),after which he came in my room and actually tipped the back board to the side dumping me off of it & then proceeded to yank & pull on me to get the clothes they cut off of me out from under me,I was screaming while he did this. I was taken back to xray to discover my pelvis was fractured. Which nothing was done for it, he told me I had 1 fracture when
actually there was 3. Do I have grounds for a lawsuit?

Asked on 8/20/02, 5:46 pm

2 Answers from Attorneys

Raymond David Marquez R. David Marquez, P.C.

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Re: Verbal & Physical Abuse by Physican

I agree with the David Slater's reply, but for slightly different reasons. I assume that you were treated for the factured pelvis within 24 hours of the accident and that the doctor's poor diagnostic skills and terrible bedside manner did not cause a significant delay in treatment. Thus, your injuries were not caused by the doctor and you probably did get corrective care in a reasonably timely fashion so that there is no link between what the rude doctor did and any injury or damage suffered by you. Thus, there is no actionable claim as a result of the poor care you first received. You can make a complaint to the hospital or disciplinary committee but that's about it.

Answered on 8/23/02, 12:32 pm

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