May 20, 2014

Question

I broke my ankle back in September and after a brutal setting of the fractured bone, I was put in a cast and told to follow up with an Orthopedist. Five days later the Ortho takes me out of the cast and put me in a boot and was told to start walking. I complained about pain in areas different than where the fracture occurred visit after visit. Off to PT after a few weeks. Again, I complained to the therapist about the painful areas all around the ankle. Everyone's response was "hey you did break your ankle you know". I visited a podiatrist as a second opinion and after xrays he showed me my talus had broken and malformed. Two weeks ago, my Ortho requests an MRI which later revealed a torn ligament that will require surgery. still very painful and very limited.

Answer

Was the original fracture a talus fracture? If you developed a torn ligament or another fracture as a result of the mismanagement of your original injury, you might have a case. Your records would have to be reviewed by an expert to determine if there was malpractice here. Were you told why the cast had to come off after only 5 days? If you end up with a permanent limp, this of course would be quite serious, but if you heal completely, after all is said and done, it wouldn't be worth suing over. Give it a little time to see how it works out.


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