I stepped on a piece of glass at work on may 23 of this year. I went to the local hospital. They x-rayed but found no glass in my foot and sent me home with antibiotics. I went back in following day with extreme swelling and soreness. With both trips to the doctor I could barely walk. On the second I was admitted to the hospital for infection in my foot. I was sent home. Followed up with care now after several x-rays and ct scans. STILL in pain and not walking ask for MRI which so infection in the bone which they keep treating with same antibiotics. Doctor tells when I return there is no need for another MRI because infection may be gone and my toes will never move. I do not like this so I bet a second opinion, The new doctor immediately sent for an MRI which showed infection still there.
What harm was caused by the delay in getting a second MRI? If none, there is no reason to investigate a possible malpractice claim. These cases are quite expensive and without significant injuries it is not worthwhile to pursue. Confirm with local counsel.
It is difficult to tell from your question the extent of your injury. Just reading the question I think it is worth your time to run the facts by a medical malpractice lawyer in your area. If you have the medical records you should bring them to any consult. I hope this helps.
If you are contemplating a medical malpractice claim against the emergency room, you can certainly speak to one or more medical malpractice attorneys in your area, but...
* tort reform has radically changed medical malpractice in Texas
* there is a statutory cap on how much you can recover for pain and suffering
* the burden on proof against emergency medical services providers is higher, you must prove willful and wanton negligence
* because medical malpractice cases are expensive, time consuming and difficult, most lawyers cannot take cases unless the damages are very significant and are not subject to the damages cap
* non-economic damages are not capped: future medical costs, future lost earnings
If your employer is not a subscriber to workers comp, you may have a claim against your employer.
The ER standard which was heightened in 2003 makes your case very difficult, if not impossible to pursue. You can read about it at this link, which is to the entire medmal statute. The ER standard in 74.153.
http://www.statutes.legis.state.tx.us/Docs/CP/htm/CP.74.htm
Basically, it has been interpreted by the courts to mean that you need gross negligence (more than ordinary negligence). Nothing prevents you from filing a formal complaint against the offending doctor. Here is a link to that:
http://www.tmb.state.tx.us/page/place-a-complaint
I pray that you heal. Best wishes. SBF
