Law Office of Robert A. Miller
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Failure to diagnose broken ankle leads to malpractice suit


This blog often discusses instances of medical malpractice that leave victims with serious injuries that sometimes turn fatal. Botched surgeries, failures to diagnose severe and aggressive diseases, and errant births all fall into that category. Yet, it is important for Oregonians to recognize that they do not have to suffer a life-threatening injury in order to file a medical malpractice lawsuit, as is evidenced by a recent claim filed against the staff at an Oregon hospital.

The lawsuit arose when medical personnel failed to diagnose a man as having a broken ankle, causing him to live with unnecessary pain for seven months. Reports indicate the man injured his ankle while playing soccer, but upon going to the doctor and undergoing multiple tests over several months, including X-ray and MRIs, the man was diagnosed with a sprained ankle and joint pain. Finally, after seeing several doctors, the man was diagnosed with a closed fracture foot. He was able to have a successful operation that allowed his ankle to fully heal, but he still had to endure months of pain and suffering. He now seeks nearly $50,000 in damages.

Even seemingly minor medical mistakes can cause an individual extreme loss. He or she may be rendered temporarily immobile, preventing the victim from enjoying life and resulting in missed work. Medical costs, coupled with lost wages, can put a financial strain on a medical malpractice victim, leaving him or her feeling overwhelmed and cheated.

If an Oregonian has been subjected to a doctor's failure to diagnose and has subsequently suffered a worsened condition or received delayed treatment, he or she should consider filing a lawsuit. Though the process may sound daunting, an experienced attorney can be with a victim throughout the process, ensuring the victim's legal rights and best interests are protected.

Source: The Oregonian, "Man claims Kaiser Permanente staff misdiagnosed his broken ankle for months, sues for $49,900," Aimee Green, June 16, 2014

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