Legal Question in Medical Malpractice in Utah

Incorrect Diagnosis

On 6/28 my wife fell on her hip. The following day we took her to a local hospital's emergency room. Since she broke a hip 3 years ago, she told the physician she thought she broke the other one this time. After some discussion among the practitioners about re-Xraying, they went with only 1 set and said she had a contusion. They sent her off with a 3-day painkiller prescription, no walker nor crutches.

On 7/11 she finally went to InstaCare because the pain was still so intense she couldn't get a night's sleep. InstaCare sent her back to the same hospital where they immediately diagnosed a broken hip after seeing new X-rays. She was so traumatized by then they could not get her stabilized enough to perform the hip replacement surgery until 7/14.

As a result of the chronic pain and trauma, she�s suffering from dementia. What should have been only a week in rehab has extended into a prolonged stay because of her mental condition. Had the original diagnosis been correct she would have had her hip replaced the day after she went to the ER. She would have been spared 2 weeks of needless pain and suffering and, I believe, would not be suffering from dementia.


Asked on 7/26/07, 2:39 pm

2 Answers from Attorneys

Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Incorrect Diagnosis

She may have a claim for medical malpractice. These are complicated cases. You may call for a free consultation.

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Answered on 7/26/07, 5:13 pm
Jared Faerber The Faerber Law Firm, PC

Re: Incorrect Diagnosis

There may be a claim here. It could be that the delayed diagnoses possibly caused additional damage to your wife's hip joint and surrounding vasculature. This is particularly possible because she was walking around on a fractured hip for a few days.

I've handled medical malpractice cases involving hip fractures in the past, and they can be particularly terrible injuries which require extensive rehabilitation and treatment- even if they are treated properly and quickly- and they may not have been in this case. You should contact me for a free telephone consultation or meet in person if you prefer.

Disclaimer: This post is intended for general informational purposes only, and should not be construed as legal advice, nor does it create an attorney-client relationship. You are encouraged to consult with an attorney directly regarding your situation.

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Answered on 7/26/07, 6:43 pm


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