Q: Have meniscus root tear, because delay of ordering mri my knee is close to needing replacement.

A: If The medical “standard of care” required an MRI then that could be Malpractice. Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did.

It also has to be determined that the outcome would’ve been different, but for the Malpractice.

Finally, the nature and extent of the injuries can determine the viability of the case or not.

Consult with experienced malpractice attorneys in the state where this occurred.

A: This answer is based on information provided by you, which alone is insufficient to determine that your circumstances have met the requirements of a medical malpractice case. That is because a medical malpractice case requires legal elements which must be proven by medical expert opinion(s), and is one type of legal action.

You went to the hospital ER after the incident which caused your knee injury, and you were subsequently evaluated and treated there and by other physicians for that injury.

Diagnosis of the type of injury must be made by a physician, and how that diagnosis comes about is based on physician clinical judgement after evaluation and data gathering procedures by the physician. The "standard" by which physician medical diagnosis and treatment is measured is "what an ordinary reasonable physician would do in the same or similar circumstances". The legal elements require proof that the acts by a physician violated that standard and "but for that physician's violation" the patient would not have been injured. In other words in your situation there must be proof that a physician's act or omission resulted in separate, "additional damage to you" (other than the damage caused by the original injury which brought you to the ER. ) Unfortunately, poor care can occur does not qualify for a medical malpractice lawsuit.

However, this does not mean that your circumstances do not qualify for legal action. That can be determined by an attorney who is provided with your full medical records, your history, the facts surrounding the original cause for your injury, and has the option of expert review, if deemed necessary.

A: You should try to set up a free initial consult with a New Mexico attorney. Without a medical opinion, attorneys can't really make the call that the delay in the MRI resulted in your need for a knee replacement. If a law firm expressed interest in your matter, they would retrieve your records and review with a medical professional, anticipating arguments from the opposition as to why not delaying the MRI wouldn't have changed anything in the outcome. Good luck