Visitor Question

Medical Malpractice for Leg Injury…

Submitted By: Daniel (Hesperus, CO)

On 02/05/2011 I got into a bad car accident. A gentleman fell asleep at the wheel and hit me head on, we were each going 65mph. As soon as the car hit me I passed out instantly. I woke up about 30 to 40 seconds later. My nephew was with me and he suffered no apparent injuries. All I knew was that my leg hurt bad and it was getting worse.

The ambulance took me to the ER hospital and a doctor came in to see me. I told him that my leg and ankle hurt so bad and I was so miserable. They took x-rays of my legs, chest and back. The doctor came back in and told me that I had a broken fibula and my ankle was dislocated.

I then told him I didn’t think that was everything because the pain in my leg was too intense to just have a dislocation. They put me in a room and watched over me for a while. I kept complaining that the bandages on my leg were way to tight, my back hurt and was spasming. They could not find the doctor for three hours to try and get me some valium.

Finally the doctor showed up and asked how I was. I told him my back hurt and the bandages were getting tighter and tighter. He looked down at the bandages and said they were good. I told him that it felt like a bar was on my whole leg. He said it all looked fine without looking under the bandages at all.

He asked if I was ready to go home and said the pain would stop after a while. I told him my house was three hours away. He said go home and rest and go see your orthopedic surgeon on Monday. As they were wheelchairing me to my car a nurse came up to me and said here are the forms that we didn’t have you sign to treat you. I was so out of it due to the pain killers I can’t remember if I signed them or not.

Sunday the pain was getting worse and by Monday I went to see my orthopedist. He came out to the waiting area and sent me to the ER right away. After I got there they had three doctors checking my leg. They said the pressure in my leg was 51 and a normal leg is 6 to 12. I had emergency surgery because I had “compartment syndrome” due to the fact that my leg did not get the attention it should have.

Come to find out I had to have three pins through my toes, a plate put in my foot and I had around 50 broken bones in my foot.

Today is the first day since the accident I could put my foot on the ground. I’ve had four surgeries since this and have stayed 9 days in the hospital. Please let me know if this is a medical malpractice case and what I should do. My medical bills are way to much for me to handle. Thanks.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.


Dear Daniel,


From the facts you present your treatment at the hospital appears to have been abysmal. Although we do not have access to the hospital charts and therefore do not know what the treating physician based her diagnosis and prognosis on, it is readily apparent your treatment was well below the appropriate standard of care.

The facts seem to indicate medical malpractice did occur. If the physician had listened to her patient your condition could have been diagnosed and treated properly. If it had, the liability for your pain and suffering would have been limited to the driver who collided with you and your nephew.

Now as a result of your treatment, or lack thereof, the physician and hospital become liable for your injuries. The degree and assessment of liability will now be divided among the physician, hospital and the driver. There are times and circumstances where a victim of a collision may be able to represent himself. When that happens we do everything possible to offer guidance. There are those cases though which cry out for legal representation. Your case is one of them.

Medical bills need not continue to pile up. A skilled Personal Injury Attorney can take action to stop medical creditor harassment. Part of that action is to offer the medical creditors Letters of Protection, commonly referred to as LOPs.

Those LOPs are promises from the attorney to the medical creditor that when the settlement is made, or the lawsuit is won, that medical creditor shall be paid before any funds are distributed to the client/victim. Once accomplished most medical creditors will refrain from continuing to make attempts to contact the client/victim until the case is over.

When it comes to medical malpractice litigation only a qualified Personal Injury Attorney has the training and experience to represent a client effectively. As you can imagine physicians and hospitals will not easily admit they made mistakes in treatment. Doing so is an invitation to lawsuits from everyone who who felt they may have had to wait too long to be treated in the Emergency Room, to those, like yourself, who were seriously injured.

It is our opinion from the facts as you have related them that there is substantial evidence of medical malpractice. Seeking proper legal representation promptly is of the highest importance.

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

Best of luck,

Published: June 25, 2011

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