When under a physician’s care for bone fractures, patients can incur further injury if medical care is not properly administered. In the event a patient sustains an injury as a result of improper treatment by being allowed to exercise, the patient may have a medical malpractice case against the physician, doctor, nurse, other medical health professionals and/or the hospital or clinic to which the patient was admitted.
Possible Injuries Arising from Improper Fracture Treatment
When exercise in contraindicated due to existing bone fractures, but a patient engages in exercise, there are various risks. These risks can include:
- Joint damage
- Permanent Disability
- Paralysis
- Concussion
- Neurological problems
- Narrowing of bones
- Broken bones/fractures
Liability and Negligence of the Treating Physician
Medical malpractice exists where there is a deviation from the reasonable duty of care owed to a patient by the physician, which results in an injury to the patient. Where a patient engages in physical exercise when such actions are contraindicated, there may be a lawsuit against the patient’s doctor, related health professionals and the facility where the exercise occurred.
Failure to advise a patient not to exercise following a fracture may lead to medical malpractice. For instance, if a patient has a hip fracture which is repaired and the patient subsequently walks while the fracture is healing and develops a permanent disability, the failure of the physician to advise the patient of the dangers of walking may result in liability. Furthermore, liability can arise if the physician fails to monitor the progress of a patient who has sustained a bone fracture. For instance, failure to x ray a bone fracture following surgery can lead to malpractice if the patient incurs additional injuries.
Starting a Medical Malpractice Claim
In order to file a law suit based upon medical malpractice arising out of exercise following a fracture, patients should retain the services of an experienced medical malpractice attorney. In addition, one should research the background of the attorney in order to obtain information indicating the attorney’s experience in handling medical malpractice cases involving fractures, or related types of medical malpractice cases. The medical malpractice attorney can handle the commencement of the lawsuit on your behalf.
Moreover, the attorney can determine whether the filing of the suit is timely and comes within the statute of limitations. While every jurisdiction’s requirements vary, most states require the filing of a summons and complaint against the physician, hospital and/or related health care professionals in order to commence the medical malpractice action. Furthermore, an attorney who possesses experience in handling experimental medical treatment suits will have a sophisticated medical and legal understanding of how experimental treatments can result in injury and malpractice; this expertise can result in the recovery of substantial amounts for the patient. Finally, a medical malpractice attorney can determine whether the filing of the case is premature; that is, if a patient has a result they are disappointed with, the patient may seek to immediately file a case. However, in some instances, whether or not medical malpractice actually may exist depends upon a longer evaluation period.
