Visitor Question

Need to have my leg rebroken?

Submitted By: Gertrud (Waterport, NY, USA)

It’s been 6 months since I broke my leg. I had a shattered fibula and I broke my tibia in 3 places. I was not happy with the care I received at the time, so I sent my x-rays to another Dr for a second opinion.

She sent me to a Traumatic Orthopedic Surgeon.

Currently, my toes point to 2 o’clock, I have poor range of motion, and a bone chip on my ankle which is very tender. This is after the care I received over 6 months from my original doctor. The Traumatic Surgeon said that my leg will need to be rebroken and hardware needs to be placed inside for my leg to be lined up correctly.

Can I sue the original Dr for malpractice?

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 Gertrud,

While you can sue the doctor for medical malpractice, whether or not you will succeed in your lawsuit will depend on the existence of negligence.

To determine if medical malpractice occurred will take one or more expert medical opinions confirming that the treatment you received from the first doctor amounted to medical malpractice. You won’t be able to do that by yourself.

Moreover, even with medical opinions in hand, the doctor you believe committed malpractice will likely not admit he or she did.

Medical malpractice cases should never be handled by the victim. Victims should always be represented by an experienced personal injury attorney. These claims are extremely complex, and almost always include the filing of a lawsuit, pre-trial depositions, interrogatories, requests for production, pretrial court hearings, and more.

In addition, the attorney will have to hire expensive medical experts who will testify that medical malpractice occurred.

Gather copies of all your medical records from your first doctor and the traumatic orthopedic surgeon. Make several appointments with medical malpractice attorneys. Many will list the types of cases they have tried, and the settlements they have reached.

Fortunately, most malpractice attorneys will not charge for an initial consultation, and will not charge any legal fees until, and unless they settle the case, or win it at trial.

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: July 18, 2014

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