My jaw was broke in 2 places and the emergency room docs missed it.What could I expect if I sued?

I was allowed to walk out against my insistance that my jaw was busted.They said it wasn't.I was pushed from behind,down a flight of stairs.While I was out cold,2 dudes proceeded to beat my face in.When I got to the emergency room,my face was a bloody mess.They took a x-ray and said I was okay.I told them"Hey,I can feel my jaw hanging off."They still said it wasn't broke.After a week of suffering,I went to a dentist.His x-ray machine showed 2 clean breaks in my jaw.I'm no money whore,but for all my pain and the way they dismissed me at the hospital like I was some dumbass,I want compensation.A month and a half of wired jaw and not to mention a broken nose and these asses tell me I'm alright that night of the assault?Idiots...How much to file a lawsuit against them and how much might I get in a settlement?Any ideas or guesses?

My jaw was broke in 2 places and the emergency room docs missed it.What could I expect if I sued?
uhhhhhh i belive u r in it for the almighty $$$ be happy u found it and that u can recover
Reply:WOW...if you have proof of when you broke it, and if it was broken when you went to the ER...I'm not calling you a liar, you just need proof...you know, as for how much, it might be a lot!!!





you need to seek consultation from a lawyer...you have medical bills for both the ER and Dentist, plus pain and suffering. I'd say you'd have to (again) get consultation from a lawyer.
Reply:Besides pain %26amp; suffering, were you damaged in any other way? Did it cost you money because they didn't find your broken jaw? Did the delayed care cause permanent damage?





When there is considerable swelling, as in your case, a fracture is difficult to detect. I'm not excusing the manner in which you were treated, but I think a could would want you to prove that they were negligent. There is a difference between being negligent and being wrong. It's obvious they were wrong, but to prove that they were negligent, you would have to show that they refused to give you proper care for your injuries.





It sounds like from your story, that it is a possibility. It would be up to a lawyer to be able to prove it. Then the extent of your damages would have to be determined if proven.





Also, hospitals have malpractice insurance for reasons such as these. If you are not too crazy in your demands, they may pay you just top go away.
Reply:Doctors are humans and therefore an error can (and does) happen from time to time --- irregardless of when the fracture was found you still would have been wired and it still would have hurt. If you have no permanent damage then you are not likely to recover very much -- and of that 30-40% will go to an attorney and costs. There are several things that you would have to prove - all of which would come at the expense of having experts on the case - which would also cut into the bottom line. A missed diagnosis is not always a malpractice case -- you would have to consult an attorney and see how almighty winfall he thinks you might be in for.....just remember - he's gonna get as much if not more than you will.





Why not find the retard that pushed you down the stairs and beat the hell out of you?
Reply:Some x rays will not show all fractures. It depends on the position of the fracture and the angle of the x ray beam. I am a dentist and I have diagnosed a fracture missed at the ER. Shouldn't you direct your anger at who caused the fracture. Usually as a disclaimer, they tell you on the paperwork they give you when you leave that it should be followed up at a dentist as soon as possible. Did you do this immediate as they usually tell you to or did you wait a week as you wrote in your question. If you did not follow what I assume to be the ER's recommendations, who is at fault?
Reply:Well, if you were sooooo convinced, you should have sought out a second opinion immediately. Most anything can happen in a week. I think you'll have a tough time proving it didn't happen during the week you waited before seeking additional medical advice.





It will also be the fight of the xrays. You should get your xrays from the hospital (you have a right to a copy), and see what they have. If you cannot see the breaks on their xrays, then their opinion was reasonable.





** Note: This is a general discussion of the subject matter of your question and not legal advice. Local laws or your particular situation may change the general rules. For a specific answer to your question you should consult legal counsel with whom you can discuss all the facts of your case. **
Reply:Any estimate of settlement dollars you get on this website will be based on ignorance. You need to contact a medical malpractice lawyer and show him or her the proof, and they will give you an estimate of how good your case is and how much relief you can expect. You might also want to consider suing the schmuck who pushed you down the stairs and jumped on your face.
Reply:BE HAPPY YOUR ALIVE AND MOVE ON IT WONT BE WORTH YOUR TIME I KNOW!