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misdiagnosis

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mcgrugan

Junior Member
Texas... I visitited an ER due to a hand injury (dominant hand.) We took 7 hours and 2 xrays to determine that my wrist was not broken but rather sprained. The Dr. never showed me the xrays but said that the bone wasn't broken and to wear a splint for a few days. He said that if I continued to have pain for a while, I could go and get it checked out again back in NY, where I live. My pain started to lessen but then stuck at a constant level. Whenever I tried to use my hand, it worstened. I finally got someone else to see it in NY and found out that it had obviously been broken (as per xrays) and that it had started to heal up incorrectly. I heard from not one but two different orthopaedic hand specialists that it was quite unfortunate and that they could have set the bone if it was during the first week of my injury. They will now have to operate and likely fuse some bones together in my hand. This now be quite difficult to work and continue in my classes as I use my hands all the time. A family member suggested that I talk to a lawyer. I don't know what to do... I know that it is my fault for getting my hand injured, but I was just so put off by the idea that the more complicated procedures could have been avoided had the initial Dr. taken some time to see the injury, if in fact, it could have even been seen in the original xrays.
 


rmet4nzkx

Senior Member
You can consult a medmal attorney, it will depend on what your evidence shows and when you sought further treatment. Hand injuries can be tricky and Xrays and other images can be deceptive depending on when they were taken. A sprain can be more painful than a fracture, son wrist injuries can be difficult to heal properly. If you are in school, be sure to request ADA accommodations while you deal with your injury.
 

cbg

I'm a Northern Girl
If you are in school, be sure to request ADA accommodations while you deal with your injury.

The ADA does not cover temporary injuries.
 

rmet4nzkx

Senior Member
cbg said:
If you are in school, be sure to request ADA accommodations while you deal with your injury.

The ADA does not cover temporary injuries.
It does cover tempoary injuries.
 

cbg

I'm a Northern Girl
Taken directly from the US DOJ's website:

An individual with epilepsy, paralysis, HIV infection, AIDS, a substantial hearing or visual impairment, mental retardation, or a specific learning disability is covered, but an individual with a minor, nonchronic condition of short duration, such as a sprain, broken limb, or the flu, generally would not be covered.
 

rmet4nzkx

Senior Member
cbg said:
If you are in school, be sure to request ADA accommodations while you deal with your injury.

The ADA does not cover temporary injuries.
It does cover tempoary injuries.
Here is a college link where they state that it is not mandated however

http://ldss.georgetown.edu/tempinjury.html

However the EEOC's recent Guidance suggests that "disability" includes temporary injuries. Such an interpretation contradicts the EEOC's own regulations, which exclude from the category of disabilities "temporary, non-chronic impairments of short duration, with little or no long term or permanent impact." Education falls under a different part of the act than employment. While OP's injury has not healed or is undergoing treatment, there may be reasonable accommodations since this involves their dominate hand. It is also possible that there will be permenant disability since the fracture was not Dx initially, look at Jose Conseco after his wrist injury.

It can't hurt to ask.
 

cbg

I'm a Northern Girl
The link you provide specifically says that the ADA DOES NOT recognize temporary disabilities as covered. The page of the DOJ's website that I cut and paste from was not dealing with solely the employment aspect, but the ADA itself. Look for yourself.

http://www.usdoj.gov/crt/ada/q&aeng02.htm

The fact that Georgetown University chooses to acknowlege temporary disabilities does not make it mandatory on the part of other schools.
 

ellencee

Senior Member
mcgrugan
Interpretation of a fresh x-ray does not always reveal fractures. If the radiologist's interpretation of the x-rays (the next day) states a fracture is apparent and you were not notified of the fracture and the need for additional treatment, then you may have reason to consult with an attorney.

Some fractures are not visible on "wet" x-rays and some fractures are not visible because of the body's holding the fracture together by muscle contractions and/or swelling that is holding the fracture together. If either is a factor in your situation, there is no act of negligence.

EC
 
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