What if Doctor Makes Crash Injuries Worse? | Indiana Lawyer Discusses
- 8 months ago
https://www.davidholublaw.com #IndianaLawyer #FightingForTruth
Hi, I'm Indiana personal injury attorney David Holub.
What if a doctor treating an injury suffered in a car crash makes a mistake making the injury worse?
Here is an example, suppose you suffer a wrist fracture in a car wreck. The doctor examining the wrist the day of the crash puts the wrist in a cast. The doctor then says it will be all healed up in six weeks. What if the fracture doesn't heal? What if 18 months later, another doctor says the wrist will never be like it was before the wreck because it should've been surgically fixed with a pin and rod. And it is too late to fix by surgery? The first thing to understand is that the careless driver who caused the crash and the fracture is legally on the hook for the wrist injury.
Even if that wrist injury is made worse by a medical doctor. A party that causes a crash is responsible for whatever happens when the injured party seeks medical treatment. So long as the treatment choice is reasonable. Poor medical care does not cut off the chain of causation linking back to the auto crash. Remember, the treatment choice must be reasonable. The injured party cannot choose to get care from someone without a medical license and expect the careless driver to be held responsible for a poor medical choice.
The second thing to understand is that the doctor who provided substandard medical treatment may ALSO be liable for the harm caused by the substandard medical care. An injured party cannot make a double recovery, however. They cannot attain total damages from the careless driver and gain full damages from the negligent doctor. The injured party must elect who to sue. The injured party might make a partial settlement with the careless driver and proceed to sue the negligent medical doctor for the uncompensated harm due to negligent medical treatment. However, the language used in releases and other settlement documents must be carefully drafted. A critical point to remember in such cases is that two different statute limitations may apply. There may be one deadline to sue the driver. And a separate deadline to sue the doctor. Consulting an attorney to ensure that deadlines to sue are met and evidence adequately preserved.
To learn more about the Law Offices Of David W Holub visit https://davidholublaw.com today.
To read David Holub's book "Fighting For Truth: A Trial Lawyer's Insight Into What It Takes To Win" visit https://www.amazon.com/gp/product/1732468206/
Hi, I'm Indiana personal injury attorney David Holub.
What if a doctor treating an injury suffered in a car crash makes a mistake making the injury worse?
Here is an example, suppose you suffer a wrist fracture in a car wreck. The doctor examining the wrist the day of the crash puts the wrist in a cast. The doctor then says it will be all healed up in six weeks. What if the fracture doesn't heal? What if 18 months later, another doctor says the wrist will never be like it was before the wreck because it should've been surgically fixed with a pin and rod. And it is too late to fix by surgery? The first thing to understand is that the careless driver who caused the crash and the fracture is legally on the hook for the wrist injury.
Even if that wrist injury is made worse by a medical doctor. A party that causes a crash is responsible for whatever happens when the injured party seeks medical treatment. So long as the treatment choice is reasonable. Poor medical care does not cut off the chain of causation linking back to the auto crash. Remember, the treatment choice must be reasonable. The injured party cannot choose to get care from someone without a medical license and expect the careless driver to be held responsible for a poor medical choice.
The second thing to understand is that the doctor who provided substandard medical treatment may ALSO be liable for the harm caused by the substandard medical care. An injured party cannot make a double recovery, however. They cannot attain total damages from the careless driver and gain full damages from the negligent doctor. The injured party must elect who to sue. The injured party might make a partial settlement with the careless driver and proceed to sue the negligent medical doctor for the uncompensated harm due to negligent medical treatment. However, the language used in releases and other settlement documents must be carefully drafted. A critical point to remember in such cases is that two different statute limitations may apply. There may be one deadline to sue the driver. And a separate deadline to sue the doctor. Consulting an attorney to ensure that deadlines to sue are met and evidence adequately preserved.
To learn more about the Law Offices Of David W Holub visit https://davidholublaw.com today.
To read David Holub's book "Fighting For Truth: A Trial Lawyer's Insight Into What It Takes To Win" visit https://www.amazon.com/gp/product/1732468206/