Does my delayed diagnosis and treatment lay the proper foundation for a medical malpractice case?

UPDATED: Feb 1, 2014

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Does my delayed diagnosis and treatment lay the proper foundation for a medical malpractice case?

Approximately 3 days after sustaining a laceration to the top of my left foot, I sought out medical treatment for my foot and leg below the calf. I was seen by a nurse practitioner at local clinic. I was concerned about the substantial pain and swelling (afraid I may have broken a bone in the foot). The X-rays were negative for a fracture. My treatment consisted of a betadine swab of the laceration and Tetinus shot. Then 3 days later I could no longer tolerate the increasing pain in the leg so I went to the hospital. Based upon the sign and symptoms, the physician’s assistant immediately ordered a venous ultrasound of the leg. I was diagnosed with a DVT.

Asked on February 1, 2014 under Malpractice Law, Arizona


Anne Brady / Law Office of Anne Brady

Answered 9 years ago | Contributor

I believe I saw your question on Avvo and I agreed with what the other attorneys said there.  Misdiagnosis is a common basis for a malpractice suit, but just because a medical professional made a mistake does not mean that mistake rose to the level of negligence.  You need to actually go see a malpractice attorney in Arizona who will send your medical records to an expert physician assistant who will determine whether there was breach of the standard of care here.  Eventually, if there was a breach, you will need an expert doctor to testify that the misdiagnosis caused your situation to become worse, and how much worse.  You will either need to pay for the costs of these experts or find an attorney willing to front you the costs and recover them from your share of the settlement or award.  Your damages have to be significant to pay for all of that.

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