Malpractice Claim Evaluation Steps

Summary

To evaluate a medical malpractice claim, consider duty of care, breach, causation, and damages. Proving causation requires expert testimony and medical records. Journal entries documenting pain and concerns can support your case. Consult a local attorney for personalized advice.

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i want to know if i have a legit malpractice claim
Hey Tina! To help you determine if you have a valid malpractice claim, can you provide some details about what happened? For example, what kind of malpractice occurred (medical, legal, etc.) and what harm or damages you suffered as a result?
I was in a car accident and fractured my arm. The ER performed a closed reduction, and X-rays showed a severely displaced radius. The orthopedic surgeon recommended surgery with a metal plate and screws. After surgery, I was told everything went well and shown a photocopy of my X-ray. However, after the nerve block wore off, I experienced severe pain on the ulna side of my arm. At my postop appointment, the physician assistant dismissed my concerns and reassured me that the X-rays were fine. Later, I returned to Canada, and after intense pain, new X-rays revealed a fractured and displaced ulna styloid. Another orthopedic surgeon found issues with both bones. I returned to my original surgeon, who acknowledged the new fracture but didn’t take responsibility. Now, I have multiple complications, including nonunion and nerve irritation. My Canadian surgeons recommended revision surgery, but they are reluctant to treat the TFCC issues, as surgery carries risks.
Hey Tina! Based on your situation, it sounds like you may have grounds for a malpractice claim. Here are some points to consider:
- Duty of Care: Your surgeon had a duty to provide competent medical care.
- Breach of Duty: If the surgeon failed to diagnose or treat your injuries properly, this might constitute a breach.
- Causation: You need to show that the breach caused your complications.
- Damages: Your pain, nonunion, nerve irritation, and need for revision surgery are potential damages.
Would you like to be connected to local lawyers who can better assist you with your case?
How can I prove causation
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To prove causation in a malpractice case, you generally need to show:
- The healthcare provider's actions directly led to your complications.
- Expert medical testimony confirming the link between their actions and your injuries.
- X-rays and medical records demonstrating the progression of your injury.
Would you like to be connected to local lawyers who can better assist you with your case?
But how can I prove that my surgeon is the one that actually broke my bone.
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To prove that your surgeon broke the bone, you would need:
- Expert testimony from another orthopedic surgeon.
- Comparison of X-rays before and after surgery.
- Medical records documenting your symptoms and the progression of your injury.
Would you like to be connected to local lawyers who can better assist you with your case?
In the notes written by my surgeons office they never wrote down any of the concerns that I brought forward they only wrote down the positives of the appointment. For example when I went back to them to tell them that they failed to explain how this fracture occurred, they did not write that in the notes instead they just wrote that they discovered that there is a fracture. I do however have journal entries that I wrote on a daily basis because I was in such severe pain that my Injury Attorney at the time advised that I document it.
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Hi Tina! Your journal entries could be very valuable in your case. They can help show the timeline of your pain and your attempts to address your concerns with the surgeon.
Would you like to be connected to local lawyers who can better assist you with your case?