Is my case Medical Malpractice?
Betty from Lizella slipped and fell on the steps in front of her house after an ice storm on January 12th. She went to the Emergency Room. The doctor on call installed a fisdus* locking plate implant. For the first five months, she did well and was recovering. After 5 months, it broke at her knee. The doctor who did the original work on her was out of town, so she had to wait several days to be seen. There were several doctors available, yet they made her wait to see the original doctor.
Once the original doctor was back in town, he ordered x-rays. He sent her back to the hospital and another doctor replaced the implant. She doesn’t seem to know what the new implant is. Yet, she is not healing and walks with a limp now.
Attorney Virgil advises Betty to seek the advice of an attorney who specializes in these types of cases. He will need to review the medical records with her to determine if she has a case that would warrant hiring expert medical advice to refute the standard of care she received.
Attorney BJ then comments that her additional challenge would be that since she receive her care originally in the emergency room, a new tort reform in February 2005, requires that in the cases of emergency rooms, the negligence or malpractice suits are almost impossible to claim. Betty would have to show there was gross negligence as opposed to just regular negligence. And this would require a higher burden of proof, and would raise the cost of pursuing the case. She should still see an attorney right away and make him aware of all aspects of the case; unfortunately, ER cases are very difficult to prove.
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