Q: I fell into an unmarked trench on private property 3 days ago, and was misdiagnosed at one hospital, as being a sprain,
the first hosapital i went to told me it was only a sprain and sent me home with a ice and an ace bandage. i was very poorly treated too. S knowing it was worse i went to another hospital hospital where they said it was a very bad and very rare dislocation and they would have to probably go in surgically. they kept me overnight and yesterday at 5am they took me to surgery , but put me out and were able to put it back non surgically. however they told me that my ankle was literally side by side with my other ankle bone. i now have had to take 3 mos off of work without pay. to heal. do i have a case with the first hospital and also with the homeowner?
A: The homeowner may bear some responsibility for your injury but I would need to know more facts before giving you a definitive answer. How big was the trench? Why didn't you see it? Was this at night? Not well marked? Why was there a trench on the property? Why were you on the property? And many more...As to the potential medical malpractice, it doesn't sound like the injury or your recovery were affected by the failure to diagnose the injury at the first hospital. If you can't show damages as a result of the negligent failure to diagnose the injury, there is nothing to pursue against the first hospital. You need to consult with experienced counsel and provide many more details.
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