Misdiagnosed Wrist Fracture...

by Evan
(Eugene, Oregon, United States)

In January 2011 I fell and broke my elbow and wrist. I first went to urgent care and had x-rays done. They said the elbow was broken for sure but they weren't sure about the wrist, it was swollen. They put a soft cast on it and put my arm in sling.

I was sent to an orthopedic specialist who put a hard cast on my wrist for three weeks, They then took x-rays and said they came back negative for a wrist break and that I'd be fine.

I went back a couple of weeks later complaining of the same wrist pain. They told me it was nerve damage and sent me on my way. Five months later another specialist took x-rays and told me it's been broken the whole time and that it was broken for so long that now it had to be screwed together. I now have a screw in my wrist for life.

Can I write a personal letter to the original doctor asking to settle outside of court and that I have talked with a lawyer who is willing to take the case as far as need be? What would you recommend? Thank you.

Visitor Question:
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ANSWER for "Misdiagnosed Wrist Fracture...":

Evan (Eugene, Oregon, United States):

You can certainly send a letter to the original doctor asking to settle out of court, and that you have spoken with an attorney - ONLY if you have actually spoken with an attorney of course. Starting off a case with a fabrication is a sure way to finish your case very quickly.

You are talking about medical malpractice. Sending a letter to a doctor asking him to settle out of court is absurd. The chances of a doctor admitting he committed malpractice and then sending you a check is something which wouldn’t happen in a hundred years.

The best way to determine if you have a real personal injury medical malpractice claim is to visit with a personal injury medical malpractice attorney. Lay out the facts. Bring along with you copies of all of your medical records and related medical bills. A thorough assessment of the facts and the law will afford you the best insight into whether you have a case, and if so, what the probability of settlement might be.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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