Q: What are my next steps for an ER misdiagnosis of a knee fracture leading to surgery?

A: It may be a case. 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.

Viable malpractice cases require sufficient harm, breach of the standard of care and timely filing of a lawsuit.

A: If multiple doctors missed it, I will estimate that it was hard to diagnose. Also, it is unclear what the impact of the misdiagnosis is. The impact appears to be caused by the fracture, rather than a misdiagnosis. Consult with a medical malpractice attorney for specific advise about your potential claims. Or, if someone else is at fault for causing the fracture, consult with a personal injury attorney about pursuing a claim against that person.

A: Your situation involving missed fracture diagnoses at the emergency room may constitute medical negligence under California law. The foundation of such cases requires establishing that the healthcare providers deviated from the accepted standard of care when they failed to identify your fracture during two separate ER visits, directly resulting in delayed treatment, additional surgery, and significant life disruptions.

Your immediate priority should be comprehensive documentation gathering - collect all medical records from both emergency room visits, the orthopedic consultation, surgical reports, and ongoing physical therapy documentation. Request your radiology images and reports from each visit, as these will be crucial for expert review to determine why the fracture was initially missed. Track all expenses related to your injury, including medical bills, prescription costs, transportation to appointments, and calculate lost wages from your inability to work during this extended recovery period.

California maintains a statute of limitations of one year from discovery of medical negligence or three years from the date of injury, whichever occurs first, making timely consultation with an attorney experienced in medical malpractice essential. A qualified attorney will arrange for medical expert review of your records to determine if the standard of care was breached and guide you through the complex pre-litigation requirements unique to California medical malpractice claims, including the mandatory 90-day notice to healthcare providers before filing a lawsuit. Many attorneys handling these cases work on contingency fees, meaning no upfront costs while they investigate whether your case meets the legal threshold for pursuing compensation for your additional medical expenses, extended pain and suffering, and lost income resulting from this apparent diagnostic failure.