Medical Malpractice Misdiagnosis discovered years later broken ankle

[goldmanatee]

I played basketball when I was in college and suffered a pretty bad ankle injury. I had x-rays and an MRI and went to a doctor who told me that it was just a very bad sprain and that I shouldn't worry but it would take a very long time to heal. I trusted the doctor and rehabbed the ankle for a long time. It only got better to a certain degree and I couldn't play ball very well. I was just happy to walk but really missed the game. I also had to concentrate on work. The ankle always hurt and never seemed to heal completely. Each time I thought I was close and we thought I could start playing some pick up ball it would fail on me and swell up.

It's now about 4 years after the accident. I decide that I just have to get another opinion and will pay out of my pocket to get it. The second doctor looked at the original x-rays and MRI and told me that I had a broken ankle and possible fracture in my leg that didn't heal properly. This is why the leg and ankle never got better and never felt right. I am going to need corrective surgery to rebreak everything and reset it. I am pretty scared about it and also the costs. Can I still sue the original doctor who totally blew the diagnosis? I always thought he was pretty arrogant and self absorbed. Now it seems to make sense. But it's like 4-5 years later. Is it too late?

 

[army judge]

I played basketball when I was in college and suffered a pretty bad ankle injury. I had x-rays and an MRI and went to a doctor who told me that it was just a very bad sprain and that I shouldn't worry but it would take a very long time to heal. I trusted the doctor and rehabbed the ankle for a long time. It only got better to a certain degree and I couldn't play ball very well. I was just happy to walk but really missed the game. I also had to concentrate on work. The ankle always hurt and never seemed to heal completely. Each time I thought I was close and we thought I could start playing some pick up ball it would fail on me and swell up.

It's now about 4 years after the accident. I decide that I just have to get another opinion and will pay out of my pocket to get it. The second doctor looked at the original x-rays and MRI and told me that I had a broken ankle and possible fracture in my leg that didn't heal properly. This is why the leg and ankle never got better and never felt right. I am going to need corrective surgery to rebreak everything and reset it. I am pretty scared about it and also the costs. Can I still sue the original doctor who totally blew the diagnosis? I always thought he was pretty arrogant and self absorbed. Now it seems to make sense. But it's like 4-5 years later. Is it too late?

You should always speak to an attorney in your area.

This website might help you:

http://www.jud.ct.gov/lawlib/law/malpractice.htm

Your biggest problem to overcome will be your state's (CT) statute of limitations for medical malpractice lawsuits.

If it was a state school, that might play into things, too.

If you were on scholarship, you may have waived your right to sue.

You might be required to arbitrate.

Start by consulting a couple local attorneys.

The initial consultation is often free.

This will be your biggest problem:

The law requires that a medical malpractice lawsuit be initiated within two years from the date when the injury is first sustained or discovered or in the exercise of reasonable care should have been discovered. The law also requires that it be initiated within three years from the date of the act or omission complained of (CGS § 52-584). (The courts typically refer to the two year period as the statute of limitation and the three year limit as the statute of repose). Thus, a person who believes he has been injured because of medical malpractice must initiate the lawsuit within three years of the act of malpractice even if he does not discover and could not have reasonably discovered the injury and its link to the alleged malpractice until more than three years have passed.

One way to get around this three year limit is if the injured person can successfully allege that the physician had a continuing duty to warn him about the malpractice and its consequence. In such a case the state Supreme Court has held that the physician's breach of his continuing duty to warn his patient of the malpractice and its consequence tolls the running of the statute of limitation and repose. This means that both the two and three year periods do not run for as long as the physician breaches his duty to warn the patient about the malpractice and its possible effects.

Okay, off you go, find your own CT attorney.