Can I file a malpractice suit for injuries that were undisclosed to me?

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Can I file a malpractice suit for injuries that were undisclosed to me?

I took a trip to the ER after falling out of a boom lift 20 feet to concrete. They did cat scan. The doctor then came back with the results that nothing broken. They told me to expect bruising and then sent me on my way. This happened on a Monday. I went to work that Friday, doing light duty work but it was excruciating. I finished the day hoping the weekend would give some relief but just my luck it only got worse. On that following Monday, after the pain didnt ease up, I went tback to the ER again where they found that my left ribcage was broken, I had a thorasic and lumbosacral strain, as well as a punctured lung? What do I do?

Asked on May 27, 2012 under Malpractice Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

This may be malpractice. Malpractice includes the failure to make a diagnosis, if the average medical professional in such situation would have or should have made the diagnosis. From what you write, that seems to be the case: broken ribs and a punctured lung should have been caught. If this was malpractice, you could potentially hold the doctor and ER liable for additonal medical costs (e.g. extra medical costs you would not have had if they had diagnosed previously), lost wages due to the misdiagnosis, and/or pain and suffering, if you have suffered additional significant pain or disabilty due to the failure to diagnose. From what you write, it would be worthwhile for you to consult with an attorney to evaluate whether you have a case, what it might be worth, and what it would cost to pursue it.


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