Misdiagnosed Wrist Fracture...

by Evan
(Eugene, Oregon, United States)

In January 2011 I fell and broke my elbow and wrist. I first went to urgent care and had x-rays done. They said the elbow was broken for sure but they weren't sure about the wrist, it was swollen. They put a soft cast on it and put my arm in sling.

I was sent to an orthopedic specialist who put a hard cast on my wrist for three weeks, They then took x-rays and said they came back negative for a wrist break and that I'd be fine.

I went back a couple of weeks later complaining of the same wrist pain. They told me it was nerve damage and sent me on my way. Five months later another specialist took x-rays and told me it's been broken the whole time and that it was broken for so long that now it had to be screwed together. I now have a screw in my wrist for life.

Can I write a personal letter to the original doctor asking to settle outside of court and that I have talked with a lawyer who is willing to take the case as far as need be? What would you recommend? Thank you.

Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information you provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when making decisions about your case. You should always get a formal case review from a licensed attorney.

ANSWER for "Misdiagnosed Wrist Fracture...":

Evan (Eugene, Oregon, United States):

You can certainly send a letter to the original doctor asking to settle out of court, and that you have spoken with an attorney - ONLY if you have actually spoken with an attorney of course. Starting off a case with a fabrication is a sure way to finish your case very quickly.

You are talking about medical malpractice. Sending a letter to a doctor asking him to settle out of court is absurd. The chances of a doctor admitting he committed malpractice and then sending you a check is something which wouldn’t happen in a hundred years.

The best way to determine if you have a real personal injury medical malpractice claim is to visit with a personal injury medical malpractice attorney. Lay out the facts. Bring along with you copies of all of your medical records and related medical bills.

A thorough assessment of the facts and the law will afford you the best insight into whether you have a case, and if so, what the probability of settlement might be.

Since laws change frequently and across jurisdictions you should get a personalized case evaluation from an attorney licensed in your state (if you haven't already). Find an experienced local attorney to give you a FREE personalized case review here.


Best of luck,

Law Guy