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Misdiagnoses and Treatment of Fracture

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andersondoc27

New member
2 years ago I suffered a proximal humeral fracture that required surgery but at the time I was just placed in a sling and that was it. Now I suffered a dislocation at work because the original injury was not properly treated and have to have a shoulder replacment. The original doctor said hindsight is 20/20 and he should of done more when this first happened. So I've suffered 2 years with a painful shoulder thinking it was a result of the type of injury. In fact the fracture was misdiagnosed and led to this eventual dislocation among a lot of other things since the original injury. What can I do?
 


Just Blue

Senior Member
2 years ago I suffered a proximal humeral fracture that required surgery but at the time I was just placed in a sling and that was it. Now I suffered a dislocation at work because the original injury was not properly treated and have to have a shoulder replacment. The original doctor said hindsight is 20/20 and he should of done more when this first happened. So I've suffered 2 years with a painful shoulder thinking it was a result of the type of injury. In fact the fracture was misdiagnosed and led to this eventual dislocation among a lot of other things since the original injury. What can I do?
What state?
 

andersondoc27

New member
The original injury occurred in 2016. I was seen by an orthopedic surgeon who treated me by putting me in a sling for 8 weeks and no surgery. Now that same surgeon has said he should of done surgery in 2016 but failed to get more imaging to see the full extent of my fracture. His words were " I made a mistake but you know hindsight is 20/20". Now that my shoulder is stuck in a dislocated position it needs a shoulder replacement which that surgery has not yet occurred.
 

quincy

Senior Member
The original injury occurred in 2016. I was seen by an orthopedic surgeon who treated me by putting me in a sling for 8 weeks and no surgery. Now that same surgeon has said he should of done surgery in 2016 but failed to get more imaging to see the full extent of my fracture. His words were " I made a mistake but you know hindsight is 20/20". Now that my shoulder is stuck in a dislocated position it needs a shoulder replacement which that surgery has not yet occurred.
I suggest you have your medical records personally reviewed by a medical malpractice attorney in your area of Washington. The consultation should be free.

Good luck.
 

justalayman

Senior Member
You have multiple issues

You state you have a dislocation due to some work incident. If you are referring to the original break, it may be the original Doctor was not negligent in his treatment but that due to the weakness of the original break, the incident at work simply rebroke the marginally healed original break.

The type of break you had, originally, is usually (over 80% of the time) treated as yours was. It is also not uncommon to experience pain from a break for extended periods of time. I have known people to experience some level of discomfort or pain virtually forever from broken bones. There are a variety of reasons and most are simply a normal result of the break.

So, if what the original doctor did does not rise to the level of negligence, there is nothing to do legally. You get your arm fixed and go on with life.

If the doctor was negligent, I.e.commited medical malpractice, then you might have recourse BUT dedepending on all the facts and the fact some incident at work has caused new damage, it may be a case not worth undertaking.

You also need to understand that some people just don’t heal as soundly as others. A break remains a weak point in the bone even in the best of situations. For those that don’t heal well, it’s even more so.




As Quincy stated, take your files to a med malpractice attorney

But don’t be surprised if they reject your case. Due to the high cost of malpractice suits, it simply may not be financially viable for them to take on your case, especially if there are issues other than just the doctors actions that caused you to be where you are today.



Oh, and once you initiate any sort of legal action, expect to be looking for another doctor.


Even now, with your suspicions and considering legal action, continuing with the same doctor isn’t likely a good idea. It’s hard to sue a doctor and expect them to continue to treat you. It also says something when you claim the doctor screwed up but you feel it’s ok to continue to see that same doctor.
 

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