On May 8th, I cut my thumb badly on glass, I went straight to the ER where the doctor took some X-rays, stitched and cleaned me up and sent me on my way... 10 days later I got my stitches removed by a different dr. at a urgent care clinic, the doctor noticed I could not bend the tip of my thumb and told me I needed to go and see a orthopedic surgeon, which I did, but could not get in until the end of the week.
The orthopedic dr. knew immediately that I had a severed Flexor Pollicis Tendon and told me it was urgent that we do surgery because there is a time frame when it is important to repair the tendon and I was already several days past that.
I am now 19 days out of surgery and I just feel that something was definitely missed May 8th in the ER. The doctor never mentioned anything about my tendon, nor asked me to attempt to bend my thumb before stitching me up and nothing stating anything about my tendon on any release papers. I feel like a mistake was made by the ER doctor in failing to diagnose a severed tendon.
While some doctors say that in the event I was notified at the time in the ER about a cut tendon, they would have stitched me up that night and done the surgery a few days later, others, including my orthopedic doctor says the surgery could have been done that very same night.
Maybe my entire thumb would not have had to be cut open and the time frame for healing would have been faster.
Has anyone been through the same situation or similar?
Is it worth taking legal action?
Thank you for your time.
again, nothing... what-so-ever in my release papers notes anything as to follow up, tendons, etc. nothing at all. Nothing was EVER mentioned to me while in the care of that doctor in the ER to see a specialist... I realize it may have been a mistake.. but it has costed me time and money whereas it could have possibly been a one shot deal and taken care of the night of the incident.
Nor am I one to sue or take legal action, but in this case... I have a feeling that something was missed and only time will tell if the time elapsed while not knowing about the severity of the injury will have made a different in my overall outcome.
and I am not looking to make "money" out of this... though I want the Dr. to know his mistake and I just do not think I should pay for my visit, as I was stitched up for what seems like absolutely NOTHING.
The dr. made the mistake.. he should pay for it. Just as if I did in my career field.
healthcare?
Legal actions has led us into the collosal health care diaster that we are in today. Let your conscience be your guide, if you have such a thing. Most people do not posses one. They should make the repair for free.
Lexie
Assuming your orthopedic doctor is right, and that the proper diagnosis would have reduced the extent of the surgery and you would have healed faster, it still seems your damages are minimal. You can consult a malpractice attorney, but I have a feeling nobody is going to think it is worth their while to take your case.
B G
You cut your self and now you want to be paid for it ?
your alright now ? but you still want to be paid for it ?
I'm sure you could find a lawyer that will help you get paid for you cutting your self.....good for you....
BLCOHEN529
The issue devolves into your ability to obtain medical testimony from another Doctor willing to testify that an E.R. doctor missed diagnosis fell below the medical standards in that community.
The doctor would further have to express a medical opinion that the missed diagnosis caused an exacerbation of your condition or otherwise caused damages to you.
It is a tough burden. I am sure the E.R. advised you to immediately see your own doctor ASAP or otherwise suggested or referred to you in your discharge papers you see a surgeon specializing in hand surgery.
Given the cost to work up a case wherein your losses are (I apologize) nominal, investigative costs considerable and liability issue doubtful, I doubt any competent medical malpractice firm is greatly interested in your case. You may get a Personal Injury lawyer to send a letter and even file a canned Complaint but without intent or expectation to do anything but settle the case for nuisance value.
After deducting for your time, trouble and energy, losing sleep and forever rehashing what you shoulda and coulda done your compensation if any would be most limiting and not worth the while.
One small favor.....go outside your home or apartment and look up and down your street for as far as you see.........Do you see anyone, except lawyers, who made real money by engaging in lawsuits???????
INSOMNIAC
You can prevail in a lawsuit of this nature and recover damages as well as punitive damages for the ER doctor's failure to diagnose the condition.~
Benjamin W
You really need to check your discharge papers. There is a good chance they covered their butts something fierce. It's not uncommon for the ER to miss a few things. They're there to save your life and limb, but if it's a minor injury, they may miss things in the rush to get to the next dying patient.
Immediately after your ER visit you should have made a visit to your primary care doctor. That doctor would have seen the problem, and would have gotten you the care you needed. In this, you failed. Any damage you sustained was due to your own negligence. That you didn't know better is a horrible excuse. All of this information was probably explained to you, either in writing, or in person. You failed.
You, not the ER, failed. Don't waste the few dollars our hospitals get on your own stupidity.
Sean and Darla L
That also happened to me and I have lost the use of my left hand now and need reconstructive surgery. People think Doctors are are getting a bad deal and its the public ...so beware! As far as you cut yourself ...that's ridiculous if a car hits yours does that make it O.K. for a Doctor to not check for all injuries? We go to a Doctor for help and we trust them to do as such and we pay for it. Because the Doctor did not feel like doing such a regular check I have 3 surgery's and still will not get full use of hand. Maybe I will get use of some of my hand back in a year. The loss of income is permeate for something that did not have to be. He should have stitched me up or told me to go get help from a Doctor who knew what he was doing...now that would have been acceptable!
Orignal From: I think I may have a Medical Malpractice case, the ER missed a severed tendon in my hand.?
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