Question Details:I broke my ankle 15 months ago. It was a bimalleolar fracture (2 bones) which slightly misaligned the joints in my ankle.The doctor I was referred to tried to TWIST my ankle to fix the problem before casting it up. It has been over a year now and I deal with severe pain on a daily basis due to bone on bone contact within my ankle. There is hardly any cartilidge between my joints in my ankle now. I was told by another doctor that he should have sent me to surgery to put pins in my ankle to properly realign all of the joints and bones. Do I have a medical malpractice case on this doctor?
You may have a medical malpractice claim. Medical malpractice is negligence. Negligence is the failure to exercise due care (that degree of care that a reasonable medical practitioner in the community would have exercised under the same or similar circumstances to prevent foreseeable harm).
You should obtain your medical bills from both doctors, your medical report from the second doctor, and documentation of any wage loss. Prior to filing a lawsuit for negligence against the first doctor, it may be possible to settle the case with the first doctor's malpractice insurance carrier. Your claim filed with that insurance carrier should include your medical bills, medical reports and documentation of any wage loss. Compensation for the medical bills is straight reimbursement. Compensation for wage loss is straight reimbursement. The medical reports will document the nature and extent of your injury and will be used to determine compensation for pain and suffering, which is an amount in addition to your medical bills. If the case is settled with the first doctor's malpractice insurance carrier, NO lawsuit is filed. If you are dissatisfied with settlement offers from the malpractice insurance carrier, reject the settlement offers and file your lawsuit for negligence against the first doctor. If the case is NOT settled with the first doctor's malpractice insurance carrier, you will need to file your lawsuit for negligence against the first doctor prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.