3 doctors weighed in:

My broken femur is not healing correctly due to what i believe is an improper reduction, should I get legal advice as well? I have had two seperate opinions and the second doctor stated that he would contact the original physician to explore further opti

3 doctors weighed in
Dr. Howard Fox
Podiatry
2 doctors agree

In brief: I

I believe your #1 priority is to get better. Going back to the original physician who did the reduction is your first step.
See what he or she has to say, and tell him/her why you're still having a problem and see what he/she recommends. If, after doing so, you feel like you've lost your trust in him/her, i would then get a third opinion, and go with the majority. If there is a way to get you out of pain and walking fine again, wouldn't that be preferable to a law suit? Just so you know, in most states (i'm only familiar with ny law), you need three things for medical malpractice: 1) negligence: not all bad outcomes are the result of negligence. Even the best doctors, under the best conditions, with the best patient, etc. Have a bad outcome risk. In a medical malpractice suit, the burden of proof is on you to prove negligence. 2) damages: even in the presence of negligence, with no damages, there is no case. Even if we were to assume your fracture was fixated in a negligent manner, if, in time, you're fine and can walk with no pain, there are no damages. 3) proximate cause: the damages have to be the direct result of the negligence, not something that would have occurred regardless. Every state has a statute of limitations, a time by which you must file a claim before you're precluded from doing so. It's usually a couple of years. I would again suggest you try your best to resolve your problem. You'll still have time to file a suit if you're left in pain, assuming something was done negligently, and not a bad result in the presence of an otherwise well-performed reduction. I hope this helps, and i hope you feel better.

In brief: I

I believe your #1 priority is to get better. Going back to the original physician who did the reduction is your first step.
See what he or she has to say, and tell him/her why you're still having a problem and see what he/she recommends. If, after doing so, you feel like you've lost your trust in him/her, i would then get a third opinion, and go with the majority. If there is a way to get you out of pain and walking fine again, wouldn't that be preferable to a law suit? Just so you know, in most states (i'm only familiar with ny law), you need three things for medical malpractice: 1) negligence: not all bad outcomes are the result of negligence. Even the best doctors, under the best conditions, with the best patient, etc. Have a bad outcome risk. In a medical malpractice suit, the burden of proof is on you to prove negligence. 2) damages: even in the presence of negligence, with no damages, there is no case. Even if we were to assume your fracture was fixated in a negligent manner, if, in time, you're fine and can walk with no pain, there are no damages. 3) proximate cause: the damages have to be the direct result of the negligence, not something that would have occurred regardless. Every state has a statute of limitations, a time by which you must file a claim before you're precluded from doing so. It's usually a couple of years. I would again suggest you try your best to resolve your problem. You'll still have time to file a suit if you're left in pain, assuming something was done negligently, and not a bad result in the presence of an otherwise well-performed reduction. I hope this helps, and i hope you feel better.
Dr. Howard Fox
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