Q: My son's arm was in a cast for 2 months but they had to re-do it after because the bone had not set right.
Can I make a claim against the hospital?
A: It is highly unlikely you have a claim, as this is a common occurrence with several intervening factors. In addition, medical malpractice claims are extremely expensive endeavors, and it may be difficult finding an attorney to take this case. If you would like, you can try contacting medical malpractice in your area that offers free consultations to obtain a professional opinion.
A: I wouldn't put these facts without more information into the category of a medical negligence case; at least not a case that my firm would take on for a couple of reasons. One, importantly it does not seem clear yet how your son's condition will end. Just because the bone had to be re-set may or may not be below the standard of care giving rise to negligence. Second, it doesn't seem that the damages would rise to the level that economically, even in the face of medical negligence that a worthwhile result would occur. I wouldn't discourage you from contacting the medical providers who may have been responsible for this, but I don't believe a claim at this point would be viable. If your son's condition changes drastically for the worse, then my analysis would change too.
A:
Contact a member of the Ill. trial Lawyers Assn who handles medical cases--they give free consults.
This would not usually be malpractice in my experience, but your son's case may be different so get the consult.
If medical costs are an issue, be aware that if he is under 18 the Shriners have excellent programs for kids with orthopedic injuries.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.