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diamortem

Junior Member
What is the name of your state? MI

This was originally typed for the propose of presenting to an attorney. Please excuse the format!


Quick rundown of my situation:

-At approx. 8pm Thursday Mar 29th, I fell in my driveway sustaining an injury to
my right ankle. I decided against going to the ER since it was night time and
they would not be able to do much that night anyway due to swelling.

-I made an appointment at Townsend Medical Center, in Jackson, at 2 pm on Friday
Mar 30th.

-I arrived at 2:05pm. 5 minutes late because I was looking for a ride there. I
couldn't find a driver so I drove myself with my injured ankle.

-Receptionist, upon arrival, said, "I don't know if we can see today, you're 5
minutes late and we're very busy. Let me see if the doctor wants to still see
you."

-I was seen by the doctor at approx 2:15pm. The doctor was in the room for
about 2 minutes, looked at my ankle for approx 20 seconds before telling me that
she was going to order an x-ray, and stay off my foot until the x-ray results
are back.

-I asked when I should be expecting the results back, she said she'd contact me later that day with the results.

-I was sent to Foote Hospital remote lab located in the lower level of T.M.C.

-My x-rays were taken at approx 2:30. I was told by technician that the results
would be back the middle of next week.

-I stated that the doctor told me to stay off my foot until the results come
back and I have to work over the weekend, I need the results read sooner than
the middle of next week.

-I also asked if I was supposed to go that long on a broken foot without having
it re-set and casted, or at least splinted. He said he wasn't a doctor and had
no further information.

-I checked out of F.H. lab at approx 3:45pm. I asked the receptionist if I
needed to go back upstairs to T.M.C. to check out or get further care from the
doctor. She said I was all set to go, she faxed the info to them.

-I had no further instructions, medical supplies, or medication. Just told to
stay off foot until results are back.

-I did not work the weekend. I still had regular house work to do as needed.

-I went the weekend in horrible pain, leg and ankle swollen and bruised, no pain
medication, not instructed to take anything for pain, no splint, no cast, no
wrap, no crutches, no supplies or instructions other than "stay off foot" which
is impossible for a single father in a 2300sq ft home.

-I called T.M.C. at 8am Monday April 2nd for more information. Receptionist
said that the x-ray results were not in yet. She also stated "if it was broken,
you'd know it." I replied "Have the doctor call me for his diagnosis." I ended
the call.

-I received a call at approx 11pm the same day from a different receptionist
stating, "Dr. King looked at your x-ray and does not see any visible fractures
but cannot be sure until the radiologist sends us back the results. He says you
can also return to work tomorrow." I said, "Okay, have him fill out a release
saying I can return." I picked up the form, it stated "return to regular work"

-I worked full duty on Tuesday April 3rd from 2pm-10pm. I was limping, in pain, and on an assignment where I am constantly on my
feet and around inmates most of the shift.

-I called T.M.C. @ 10:30am on Wednesday April 4th for my test results.
Receptionist said they are not in yet and asked for my contact number.

-Receptionist called from T.M.C. at 11:40am same day said, results were back and
I have no fractures. She then asked how I feel. I stated that I am still in
pain, my ankle and leg are still swollen and the bruising is spreading halfway
up my calf. She said she's notify the doctor.

-Receptionist called from T.M.C. at 12:55pm same day stating that Dr. King says
I need to be in crutches and need an immediate appointment to an Orthopedic
Specialist to prevent further damage. Says she will call the specialist to
schedule me and will call me back.

-Next day Thursday April 5th, appointment with Orthopedic Specialist. He confirms that I have no broken bones. I was diagnosed having a ruptured ankle joint capsule.

-Doctor stated that if I had been casted or splinted, I would be much better off. He stated that this injury may cause a permanent limp, and chronic pain.

-Doctor stated that surgery would not be needed at this time. Stated that therapy would hopefully help the healing process and avoid an ankle replacement.

-Scheduled for rehabilitation 3x a week for 3 weeks, then a follow-up appointment with him.

-Friday April 6th, I have my first appointment with the therapist. He says that my injury should heal with proper rehabilitation, but I still may have a permanent limp and pain. Ankle should be usable?!?!

-It is now April 18th and I have been to 4 physical therapy appointments. I am still in just about as much pain as I was in when the injury happened. I have more movement with my ankle and can walk pretty much normal. I still do have a slight limp. I am noticing the limping is causing back and hip pain.
My therapist said that chronic limping my cause my hip joint to have problems. Said that limping caused him to have a hip replacement at the age of 32.

I am 26 years old and am in fear of now having a hip replaced, an ankle replaced, a permanent limp, and chronic pain. I still am unclear whether or not if immediate treatment by the doctor at TMC may have prevented the damage from going this far. I guess it may never be clear if that is fact or just my opinion. Either way, this freakin' hurts!

Does anyone think that I may have a case, or any idea how I should go about legal action?What is the name of your state?
 


moburkes

Senior Member
You didn't get immediate treatment because you didn't go to the emergency room. You also aggravated whatever injury by returning to work even though you were in pain.
 

diamortem

Junior Member
I did not go to the E.R. I know that I should have. In any case, I would have spent 250 to go to the ER that night vs 10 at the doctor's office the next morning... Also the doctors office that I go to has an emergency lab that is a branch of the same hospital ER that I would have went to.. It was more of a case of saving money and saving lives, I had too much to drink to drive to the ER that night anyway. It was later at night and wait time would have been horrible. Even if I would have been treated in ER, with as swelled as it was, there wouldn't have been much that they could have done. (confirmed by ER tech at hospital)

I returned to work because I need to get paid first-off. Also, it was the doctor that said I could return. He works hand in hand with our personnel at my employer.. He faxes any information that pertains to work ability. I would have been forced back to work anyway.
 

barry1817

Senior Member
speak to an attorney

What is the name of your state? MI

This was originally typed for the propose of presenting to an attorney. Please excuse the format!


Quick rundown of my situation:

-At approx. 8pm Thursday Mar 29th, I fell in my driveway sustaining an injury to
my right ankle. I decided against going to the ER since it was night time and
they would not be able to do much that night anyway due to swelling.

-I made an appointment at Townsend Medical Center, in Jackson, at 2 pm on Friday
Mar 30th.

-I arrived at 2:05pm. 5 minutes late because I was looking for a ride there. I
couldn't find a driver so I drove myself with my injured ankle.

-Receptionist, upon arrival, said, "I don't know if we can see today, you're 5
minutes late and we're very busy. Let me see if the doctor wants to still see
you."

-I was seen by the doctor at approx 2:15pm. The doctor was in the room for
about 2 minutes, looked at my ankle for approx 20 seconds before telling me that
she was going to order an x-ray, and stay off my foot until the x-ray results
are back.

-I asked when I should be expecting the results back, she said she'd contact me later that day with the results.

-I was sent to Foote Hospital remote lab located in the lower level of T.M.C.

-My x-rays were taken at approx 2:30. I was told by technician that the results
would be back the middle of next week.

-I stated that the doctor told me to stay off my foot until the results come
back and I have to work over the weekend, I need the results read sooner than
the middle of next week.

-I also asked if I was supposed to go that long on a broken foot without having
it re-set and casted, or at least splinted. He said he wasn't a doctor and had
no further information.

-I checked out of F.H. lab at approx 3:45pm. I asked the receptionist if I
needed to go back upstairs to T.M.C. to check out or get further care from the
doctor. She said I was all set to go, she faxed the info to them.

-I had no further instructions, medical supplies, or medication. Just told to
stay off foot until results are back.

-I did not work the weekend. I still had regular house work to do as needed.

-I went the weekend in horrible pain, leg and ankle swollen and bruised, no pain
medication, not instructed to take anything for pain, no splint, no cast, no
wrap, no crutches, no supplies or instructions other than "stay off foot" which
is impossible for a single father in a 2300sq ft home.

-I called T.M.C. at 8am Monday April 2nd for more information. Receptionist
said that the x-ray results were not in yet. She also stated "if it was broken,
you'd know it." I replied "Have the doctor call me for his diagnosis." I ended
the call.

-I received a call at approx 11pm the same day from a different receptionist
stating, "Dr. King looked at your x-ray and does not see any visible fractures
but cannot be sure until the radiologist sends us back the results. He says you
can also return to work tomorrow." I said, "Okay, have him fill out a release
saying I can return." I picked up the form, it stated "return to regular work"

-I worked full duty on Tuesday April 3rd from 2pm-10pm. I was limping, in pain, and on an assignment where I am constantly on my
feet and around inmates most of the shift.

-I called T.M.C. @ 10:30am on Wednesday April 4th for my test results.
Receptionist said they are not in yet and asked for my contact number.

-Receptionist called from T.M.C. at 11:40am same day said, results were back and
I have no fractures. She then asked how I feel. I stated that I am still in
pain, my ankle and leg are still swollen and the bruising is spreading halfway
up my calf. She said she's notify the doctor.

-Receptionist called from T.M.C. at 12:55pm same day stating that Dr. King says
I need to be in crutches and need an immediate appointment to an Orthopedic
Specialist to prevent further damage. Says she will call the specialist to
schedule me and will call me back.

-Next day Thursday April 5th, appointment with Orthopedic Specialist. He confirms that I have no broken bones. I was diagnosed having a ruptured ankle joint capsule.

-Doctor stated that if I had been casted or splinted, I would be much better off. He stated that this injury may cause a permanent limp, and chronic pain.

-Doctor stated that surgery would not be needed at this time. Stated that therapy would hopefully help the healing process and avoid an ankle replacement.

-Scheduled for rehabilitation 3x a week for 3 weeks, then a follow-up appointment with him.

-Friday April 6th, I have my first appointment with the therapist. He says that my injury should heal with proper rehabilitation, but I still may have a permanent limp and pain. Ankle should be usable?!?!

-It is now April 18th and I have been to 4 physical therapy appointments. I am still in just about as much pain as I was in when the injury happened. I have more movement with my ankle and can walk pretty much normal. I still do have a slight limp. I am noticing the limping is causing back and hip pain.
My therapist said that chronic limping my cause my hip joint to have problems. Said that limping caused him to have a hip replacement at the age of 32.

I am 26 years old and am in fear of now having a hip replaced, an ankle replaced, a permanent limp, and chronic pain. I still am unclear whether or not if immediate treatment by the doctor at TMC may have prevented the damage from going this far. I guess it may never be clear if that is fact or just my opinion. Either way, this freakin' hurts!

Does anyone think that I may have a case, or any idea how I should go about legal action?What is the name of your state?

I think that you need to speak with an P.I. attorney and present this case to the attorney.

There are several issues with what happened that troubles me. One is not reading the x-rays immediately, and now the comments about if a splint were placed you would have been better off, but they didn't do it.

Clearing you to work, but not being clear on what the problem is.

The idea if you had a break you would know it. Sometimes a sprain can be worse than a fracture. I had such a case years ago, where the ortho stated I would have been much better off with a fracture, and the sprain was so severe that I was off my feet for almost a month.

The attorney would have to deal with if this treatment, or lack of treatment is below the standard of care, if below the standard of care did it cause harm to you, and is there a financial component. You seem to indicate that the lack of care may be a cause of problems to you later, and that the lack of care may have caused hip pain that could have be prevented with different care.

As too people saying it was your problem for not getting immediate care, I don't know about that. Seems you got there in a most appropriate time considering circumstances, and for a doctor's office to want not to see a patient that is 5 minutes late seems a little strange.

Good luck with this and hope you heal well.

Barry1817@aol.com
 

barry1817

Senior Member
injury

What is the name of your state? MI

This was originally typed for the propose of presenting to an attorney. Please excuse the format!


Quick rundown of my situation:

-At approx. 8pm Thursday Mar 29th, I fell in my driveway sustaining an injury to
my right ankle. I decided against going to the ER since it was night time and
they would not be able to do much that night anyway due to swelling.

-I made an appointment at Townsend Medical Center, in Jackson, at 2 pm on Friday
Mar 30th.

-I arrived at 2:05pm. 5 minutes late because I was looking for a ride there. I
couldn't find a driver so I drove myself with my injured ankle.

-Receptionist, upon arrival, said, "I don't know if we can see today, you're 5
minutes late and we're very busy. Let me see if the doctor wants to still see
you."

-I was seen by the doctor at approx 2:15pm. The doctor was in the room for
about 2 minutes, looked at my ankle for approx 20 seconds before telling me that
she was going to order an x-ray, and stay off my foot until the x-ray results
are back.

-I asked when I should be expecting the results back, she said she'd contact me later that day with the results.

-I was sent to Foote Hospital remote lab located in the lower level of T.M.C.

-My x-rays were taken at approx 2:30. I was told by technician that the results
would be back the middle of next week.

-I stated that the doctor told me to stay off my foot until the results come
back and I have to work over the weekend, I need the results read sooner than
the middle of next week.

-I also asked if I was supposed to go that long on a broken foot without having
it re-set and casted, or at least splinted. He said he wasn't a doctor and had
no further information.

-I checked out of F.H. lab at approx 3:45pm. I asked the receptionist if I
needed to go back upstairs to T.M.C. to check out or get further care from the
doctor. She said I was all set to go, she faxed the info to them.

-I had no further instructions, medical supplies, or medication. Just told to
stay off foot until results are back.

-I did not work the weekend. I still had regular house work to do as needed.

-I went the weekend in horrible pain, leg and ankle swollen and bruised, no pain
medication, not instructed to take anything for pain, no splint, no cast, no
wrap, no crutches, no supplies or instructions other than "stay off foot" which
is impossible for a single father in a 2300sq ft home.

-I called T.M.C. at 8am Monday April 2nd for more information. Receptionist
said that the x-ray results were not in yet. She also stated "if it was broken,
you'd know it." I replied "Have the doctor call me for his diagnosis." I ended
the call.

-I received a call at approx 11pm the same day from a different receptionist
stating, "Dr. King looked at your x-ray and does not see any visible fractures
but cannot be sure until the radiologist sends us back the results. He says you
can also return to work tomorrow." I said, "Okay, have him fill out a release
saying I can return." I picked up the form, it stated "return to regular work"

-I worked full duty on Tuesday April 3rd from 2pm-10pm. I was limping, in pain, and on an assignment where I am constantly on my
feet and around inmates most of the shift.

-I called T.M.C. @ 10:30am on Wednesday April 4th for my test results.
Receptionist said they are not in yet and asked for my contact number.

-Receptionist called from T.M.C. at 11:40am same day said, results were back and
I have no fractures. She then asked how I feel. I stated that I am still in
pain, my ankle and leg are still swollen and the bruising is spreading halfway
up my calf. She said she's notify the doctor.

-Receptionist called from T.M.C. at 12:55pm same day stating that Dr. King says
I need to be in crutches and need an immediate appointment to an Orthopedic
Specialist to prevent further damage. Says she will call the specialist to
schedule me and will call me back.

-Next day Thursday April 5th, appointment with Orthopedic Specialist. He confirms that I have no broken bones. I was diagnosed having a ruptured ankle joint capsule.

-Doctor stated that if I had been casted or splinted, I would be much better off. He stated that this injury may cause a permanent limp, and chronic pain.

-Doctor stated that surgery would not be needed at this time. Stated that therapy would hopefully help the healing process and avoid an ankle replacement.

-Scheduled for rehabilitation 3x a week for 3 weeks, then a follow-up appointment with him.

-Friday April 6th, I have my first appointment with the therapist. He says that my injury should heal with proper rehabilitation, but I still may have a permanent limp and pain. Ankle should be usable?!?!

-It is now April 18th and I have been to 4 physical therapy appointments. I am still in just about as much pain as I was in when the injury happened. I have more movement with my ankle and can walk pretty much normal. I still do have a slight limp. I am noticing the limping is causing back and hip pain.
My therapist said that chronic limping my cause my hip joint to have problems. Said that limping caused him to have a hip replacement at the age of 32.

I am 26 years old and am in fear of now having a hip replaced, an ankle replaced, a permanent limp, and chronic pain. I still am unclear whether or not if immediate treatment by the doctor at TMC may have prevented the damage from going this far. I guess it may never be clear if that is fact or just my opinion. Either way, this freakin' hurts!

Does anyone think that I may have a case, or any idea how I should go about legal action?What is the name of your state?

Wanted to add a follow up about ERs and other situations.

In January I was in an auto accident and transported to a hospital ER. There was pain in shoulder and arm. While at the ER, x-rays were taken, reviewed, and the ER doctor on call mentioned that he wasn't an orthopedic specialist, and couldn't tell from the x-rays what exactly the problem was. He then splinted the arm, from shoulder to wrist and had me appoint with an orthopedic specialist. I had to wait from Wednesday to Monday, for the appointment.

At that time the orthopedist retook x-rays, informed me that I had fractures in the elbow, a possible dislocation and possible rotator cuff tears.

So in this scenario I was treated, though they missed things, and sent to a specialist, ASAP. So while I am unhappy with them missing things, that can happen in an ER. Example just so you can compare and contrast and see if your problem falls into an area where you fill comfortable that they did the best they could, or if you feel that they were not looking out for your best inerest.

Barry1817@aol.com
 

ecmst12

Senior Member
I disagree that you should have gone to the ER. Going to your own doctor is better then going to the ER, if it's not a life threatening emergency and you feel you can wait. Your own doctor knows your history and is better equipped to advise you than an ER doc who's never met you before. If you'd waited a week to see your doc, I would say that was a mistake, but you got in the very next day.

Now, just because you *might* have had a better outcome if you'd been casted right away, does not mean that failing to do so was below the standard of care. And it sounds like even if you HAD been, this is a pretty serious injury that could have ended up with the same outcome as you have now. And in order to have a serious case, you would have to be able to prove that immediate casting would definitely have prevented permanent damage. Keep in mind that your treatment is not completed and you may still improve, it hasn't even been a month from the injury so you're not even sure what the permanent damages will be (if any).

You have to limp for a LONG time before permanent joint damage occurrs. Try to avoid limping if you can, but don't worry too much about it at this stage.
 

lealea1005

Senior Member
I did not go to the E.R. I know that I should have. In any case, I would have spent 250 to go to the ER that night vs 10 at the doctor's office the next morning... Also the doctors office that I go to has an emergency lab that is a branch of the same hospital ER that I would have went to.. It was more of a case of saving money and saving lives, I had too much to drink to drive to the ER that night anyway. It was later at night and wait time would have been horrible. Even if I would have been treated in ER, with as swelled as it was, there wouldn't have been much that they could have done. (confirmed by ER tech at hospital)
I returned to work because I need to get paid first-off. Also, it was the doctor that said I could return. He works hand in hand with our personnel at my employer.. He faxes any information that pertains to work ability. I would have been forced back to work anyway.


Well, your ER tech (not a PA, NP, or MD) was wrong! An X-ray would have been ordered and, swollen or not, your ankle would have been immobilized until results of the X-ray were received and/or you were referred back to your PCP or sub-specialist.

Also, you were given a 2pm appointment (probably being worked in between other already scheduled patients) and arrived late. Did you bother to telephone the office to alert them of your transportation problem? By your own word, you were examined by the Physician by 2:15 and off for your X-ray by 2:30. So, what are you bellyaching about?
 
Last edited:

ellencee

Senior Member
OK--here are the facts:
Pennsylvania has a comparative negligence law, which they refer to as a modified comparative negligence law. I don't interpret laws but I do know, from reading online, that Pennsylvania will not bar the plaintiff from recovery of damages caused by the defendant; but, the plaintiff cannot recover if the plaintiff's actions caused more damage than the defendant did.

The original poster DID cause some of the total damages by failing to follow MD instructions and stay off of his feet (foot) until the MD instructed otherwise. I have no idea what percentage of negligence would be assigned to the original poster.

Medmal lawsuits REQUIRE that damages be the direct and proximal result of negligence and that the damages WOULD NOT have occurred without the act of negligence.

Rupture of the ankle capsule MAY result in permanent damage regardless of whether the injury is minor, moderate, or severe BECAUSE the rupture occurs at the weakest part of the ankle structure and makes the ankle structure even weaker regardless of the type of treatment given.

I have no idea as to what percent of patients with the OP's injury, height, weight, life-style, work (occupation), general health and physical fittness will develop the same post-injury permanent damage. An expensive orthopedic expert would have to review the information and opine.

The treating physician DID NOT provide care at the minimum standard required.

A minor injury of this type, termed a first degree, sprain presents with mild pain, patient can bear weight, and is treated with RICE and ACE bandage. The MD did not apply an ACE bandage; the patient did not follow MD orders and stay in the bed, off his foot, as directed.

A moderate injury of this type, termed a second degree sprain, presents with swelling, weight bearing causes pain, and is treated with RICE and a walking boot (sometimes referred to as a soft cast). The patient surely presented with second degree symptoms but did not receive a walking boot and failed to follow MD instructions to stay off of his feet.

A severe injury of this type, termed a third degree sprain, presents with pain elicited by passive or active movement of the foot/ankle, swelling (egg shaped swelling is a hallmark) and treatment includes ruling out a fracture (done via x-ray), determination of which ligaments are involved (not done) and evaluation for surgical repair of the injury (not done initially). If surgery is required, post-operatively the patient is splinted and/or soft casted.

All degrees of sprains require no weight bearing, which means no work.

My advice:
Call a medmal attorney at your earliest convenience and discuss the merits of your claim. Keep in mind that you are only now with the proper physician, an orthopod, and have no way of knowing if your damages are permanent or if you actually suffered damages that you would not have suffered otherwise.

It will not bode well with a jury that a drunk fell down, sprained his ankle, didn't follow doctor's orders, and wants to sue the doctor for damages. For that reason alone, you may not be able to find an attorney willing to take your case.

EC
 
Last edited:

lealea1005

Senior Member
just curious, when was he drunk??:confused: :confused: :confused:


Today 01:02 PM
diamortem: I did not go to the E.R. I know that I should have. In any case, I would have spent 250 to go to the ER that night vs 10 at the doctor's office the next morning... Also the doctors office that I go to has an emergency lab that is a branch of the same hospital ER that I would have went to.. It was more of a case of saving money and saving lives, I had too much to drink to drive to the ER that night anyway. It was later at night and wait time would have been horrible. Even if I would have been treated in ER, with as swelled as it was, there wouldn't have been much that they could have done. (confirmed by ER tech at hospital)

I returned to work because I need to get paid first-off. Also, it was the doctor that said I could return. He works hand in hand with our personnel at my employer.. He faxes any information that pertains to work ability. I would have been forced back to work anyway.
 

cbg

I'm a Northern Girl
"I had too much to drink to drive to the ER that night anyway."

They have taxis, and even ambulances, for that purpose.
 

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