Workers comp. Doctor & Hospital missed hip fracture. This caused me to have hip replacement. What legal recourse?

Question

QME doctor stated in his report that in his medical opinion, my injury was mishandled. His report indicated a lot of things that should have been done for me. (You have to read his report, he was very agitated that my hip fracture was not caught). Doctor did not take x rays of my hip, but 5 months later ordered a MRI. I went to the emergency room 3 days after my injury because I was in pain. The er took x rays, but also missed the fracture.

Dennis Dascanio · Answer

Dear injured worker, 
 
Your situation is very unfortunate and not uncommon to have misdiagnosis within the Workers’ Compensation system. Beyond the regular Workers’ Compensation benefits of medical care, temporary disability and permanent disability, you may have an action against the physician or clinic that misdiagnosed your condition. You have strict time limits and I highly recommend you waste no time in getting to an attorney who specializes in medical malpractice for a legal consultation and explanation of your rights and responsibilities in protecting your claim. 
 
Sincerely, 
Dennis A Dascanio 
Certified specialist, Workers’ Compensation 
Santa Ana, San Diego and Ontario

James L. Arrasmith · Answer

Given the QME doctor's documented concerns about your missed hip fracture and the subsequent need for replacement surgery, you likely have grounds for a medical malpractice claim against both the initial treating physician and the hospital emergency room staff. 
 
Your case appears particularly strong because you have an independent medical expert (the QME) who has already documented their professional opinion about the substandard care you received. The failure to order appropriate imaging tests when you presented with hip pain, followed by a five-month delay before ordering an MRI, suggests a deviation from standard medical practice that directly led to more severe injuries and additional surgery. 
 
You should consider consulting with a medical malpractice attorney who handles workers' compensation cases, as these situations often involve complex interactions between workers' comp and medical malpractice law. Many attorneys offer free initial consultations and work on contingency fees, meaning they only get paid if you win your case. Time limits apply to filing medical malpractice claims, so it's important to discuss your legal options soon while preserving all relevant medical records and documentation.

Q: Workers comp. Doctor & Hospital missed hip fracture. This caused me to have hip replacement. What legal recourse?