Q: How to address rib fracture during MRI at NY hospital?

A: I'm sorry for your painful injury. Your options, if you are considering pursuing this legally, would be to try to set up a consult with law firms. Free initial consults without obligation are the norm for such cases. If a law firm expressed interest in such a case, they could retrieve your records (in particular, the diagnostic imaging studies depicting the rib fracture), and review with a medical professional to more accurately assess damages. If nothing else, you'd learn the timetables within which you would need to take action to preserve your legal rights, depending on the type of hospital. I hope you are okay and that you experience a healthy recovery. Good luck

A: Sorry to hear what happened to you. Apart from seeking the necessary medical attention, you can try speaking with an experienced personal injury attorney. You can find many excellent attorneys using the Find a Lawyer tab on the JUSTIA homepage. That said, given the cost of malpractice actions, you might have difficulty finding an attorney willing to take on your case as ribs tend to heal on their own without longstanding complications.

A: I'm sorry to hear about the pain and discomfort you're experiencing following your MRI. A rib fracture is a serious injury, and it’s concerning that it occurred during the procedure. In New York, if a medical procedure causes harm, such as a rib fracture during an MRI, you may have a potential medical malpractice claim, depending on the circumstances surrounding the injury.

To address this situation, the first step is to assess whether the hospital or the MRI staff were negligent in any way. Medical malpractice occurs when a healthcare provider fails to meet the standard of care, and that failure causes harm. In this case, you would need to determine whether the MRI procedure was performed in a manner that was unsafe or improperly managed. For example, was the positioning or handling during the MRI procedure done improperly, or was there an issue with the equipment that contributed to your injury? If the MRI staff did not properly monitor your condition or failed to take precautions to avoid injury, this could be a factor in establishing negligence.

The fact that you spoke with the MRI manager and informed them about the injury is an important step in documenting the situation. Make sure to follow up in writing and keep detailed records of all communications with the hospital. This documentation will be essential in the event that you need to pursue a claim.

You also mentioned that you had a chest X-ray that confirmed the rib fracture, and that you are continuing to experience ongoing pain that affects your ability to sleep, cough, sneeze, and work. These ongoing symptoms may justify seeking compensation for medical bills, pain and suffering, lost wages, and any future medical treatment or rehabilitation that may be required to address the injury.

Your options for addressing the situation depend on the response from the hospital and the MRI team. If the hospital admits fault or offers to cover your medical expenses and compensation, this could be resolved through their insurance without the need for a lawsuit. However, if they deny liability or fail to offer fair compensation, you may need to consider filing a medical malpractice claim.

In New York, the statute of limitations for medical malpractice claims is generally two years and six months from the date of the injury. Given that the injury occurred during the MRI in February, it’s important to be mindful of this deadline. If you decide to pursue legal action, consulting with an experienced medical malpractice attorney is advisable. A lawyer can evaluate the facts of your case, gather necessary evidence, and guide you through the process of filing a claim.

Finally, while pursuing legal action, you should also focus on addressing your medical needs. Be sure to continue seeking appropriate care for your rib fracture, and keep records of all medical treatments, including visits to your doctor, medications, and physical therapy, if applicable.

Disclaimer: This response is for general informational purposes only and does not constitute legal advice. For personalized guidance, please consult a qualified attorney licensed in New York.