Undiagnosed broken neck. Is this medical malpractice?

I was in a car accident, and ended up with a broken collar bone. I had to go out on workers comp and I had many doctors appointments. I complained of severe neck pain and shoulder pain. Though I was shuffled to many doctors no one took me serious and sort of poo-pooed me and told me that I would be fine- I just needed chiropractic care/physical therapy.

I went for chiropractic care for over a year until they admitted they couldn't help me. They then shuffled me off to physical therapy where I was forced to move my neck and shoulder even when the pain made me cry. I continued to report to the doctor that I was in extreme pain and I was given pain pills and told to keep working my neck. In the fall of this year my doctor finally sent me to a specialist who told me nothing could be done, that my neck had bone on bone grinding and I couldn't be fixed.

I kept complaining to my general care provider who told me telling him that I couldn't take the pain anymore, could he please find someone who could help. He said one of the problems that doctors run into in cases like mine is that workers comp didn't hurry and approve things- meanwhile- I'd been back at work for two years and now couldn't move my arm b/c my shoulder was too hurt. I also have huge headaches everyday and I can't turn my neck or move my ear towards my shoulder in either direction.

Finally I went to a doctor who had a thoracic MRI done and apparently my vertebra had been BROKEN by the accident and no one caught it. Now, sadly, it is healed, but it healed wrong and I have to call the doctor and discuss my options.

I am sure that if the doctors would have taken me serious and been thorough enough to discover my broken neck when it first happened that I wouldn't be as damaged as I am today. I am nervous about my future and my career...I am disgusted by the quality of my life- I can't ride horses anymore, I can barely exercise without severe pain, I can't have a physical relationship with my husband, I am not able to go running, or lift anything. My life has shrunk to a shadow of what it was. I am only 37 years old. The incident occurred in 2007 in New York. Please let me know if you can help. I live in Pennsylvania but work in NY.

Answers

You may have a medical malpractice case if it can be shown that the doctors failure to diagnose you broken neck was grounds for medical negligence. If negligence can be established as the cause of your suffering, you will likely be entitled to a significant amount of money, considering the severe impact on your lifestyle.

Neither New York nor Pennsylvania place any caps on damages in medical malpractice cases, so a good medical malpractice lawyer would be able to get you a significant award or settlement amount for your pain and suffering, as well as any medical expenses or lost income.

Talk to a medical malpractice lawyer to get legal advice regarding your options to file suit and how much you might expect to receive as compensation for the negligent medical treatment.

Good luck.

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