Q: I broke my finger 1st Ortho Dr. Told me it was healed. He lied it wasn't healed. It only got worse. Is this negligence?
I questioned him about my X-ray. I asked with that big gap even though it's been 4 weeks your telling me that it is healed, He said, yup why did you wait so long. I said thought it was jammed he laughed at me. I asked so this is what my finger is going to look like now. He said yes the repercussions of waiting so long. All he had to do is refer me to a hand specialists. It took me 3 months to get another referral on my own. 2md Dr. Is a hand specialists and told me my finger can never heal the gap is over 50% and was amazed the other Dr. Treated me like he did. Now my finger is more broken then it was. He says d he can fix it and will. It's been a painful 5 months and I'm very disappointed at the lie and unprofessionalism of that Dr. He shouldn't be able to get away with doing that to someone and he Insisted I go to therapy. My finger was still broken. That was making it worse, so I stopped. Do I have a legal case against this Dr.?
A: Attorneys would probably want to see the medical file and diagnostic imaging studies to answer your question definitively. Good luck
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A:
Based on the information you provided, it seems that the first orthopedic doctor may have been negligent in their diagnosis and treatment of your broken finger. Misdiagnosing the severity of the injury, failing to refer you to a hand specialist when necessary, and recommending therapy for a finger that had not properly healed could all potentially constitute medical malpractice.
In California, medical malpractice occurs when a healthcare provider fails to meet the standard of care that a reasonably skilled and competent provider would have met under similar circumstances, and this failure causes harm to the patient. To have a valid legal case, you would need to prove that:
1. A doctor-patient relationship existed.
2. The doctor was negligent in their diagnosis or treatment.
3. The doctor's negligence caused you harm or injury.
4. You suffered damages as a result of the harm or injury.
It would be advisable to consult with a medical malpractice attorney who can review the specific details of your case, gather evidence, and help determine if you have a viable claim. Keep in mind that there are time limits (statutes of limitations) for filing medical malpractice lawsuits in California, so it's important to act promptly.
Remember that this response is for informational purposes only and does not constitute legal advice. Always consult with a qualified attorney for personalized legal guidance.
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