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The accident happened 10 days ago. I told the doctor that my back was hurting severely. He did X-rays on my chest and knee ( also injured) but not on my back. After seeing my regular doctor several days later, she ordered an X-ray on my back. When I went for my checkup today she informed me that I have a L2 fracture. Is there a malpractice claim that I could file against the ER doctor?
Asked on January 21, 2015 under Malpractice Law, Kentucky
Answered 10 years ago | Contributor
The ER doctor may have committed malpractice, if the failure to exam your back was, under the circumstances of the symptoms you showed and description of the accident, negligent or unreasonably careless.
But what are you claiming for? You can only recover for additional medical costs or injuries *caused by* the misdiagnosis. So if the misdiagnosis caused your injury to become substantially worse and/or caused you to incur greater medical costs than you would have incurred with a timely and accurate diagnosis, you can sue for that additional injury or cost. But if the misdiagnosis had little or not effect on the injury or the treatment thereof, you wouldn't be able to recover any compensation, since the amount of compensation you could receive is based on the injury or costs caused by the misdiagnosis. In deciding what to do, bear in mind that malpractice claims are *very* expensive--you need to hire and pay for a medical expert witness. Unless you have substantial injuries or costs to sue over, you could easily spend more on the lawsuit than you'd get back.
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