Do I have a medical malpractice case?

You are describing what would be essentially a claim of "failing to properly diagnose". In that situation, it would be necessary for you to show that but for the negligence of the ER doctor in failing to order the xray and properly diagnose the condition of the left leg/foot, your injury was made worse and/or you were required to undergo medical procedures/treatment that you otherwise would not have had to. The most conservative treatment for the treatment of a fracture of the fibula would be the casting/booting of the leg so as to allow the bone to "heal on its own". Although you are talking about an injury that you have arguendo had for about 5 months or so, it sounds like the fracture did not get worse , and the treatment being prescribed to you now is what you would have had to undergo back as of the date of your accident. While I am not minimizing the discomfort and inconvenience experienced over the extra 4-5 months, it makes the next consideration as to whether to pursue legal action a very big one. Is the delay in treatment, and assuming no other provable exacerbation/additional injury of the original condition, worth the time and expense of pursuing that lawsuit. Medical malpractice cases are generally hard fought, take a lot of time, and are very expensive to prosecute. Sadly, that often translates into attorneys being unable to accept a retainer if the cost of time and money in prosecuting such a case is disproportionately high to what could be the expected value of the case from a damages perspective. Again, this is something to best discuss in a private consultation with a medmal attorney in your area, which will be given to you free of charge. Good luck.

The better claim may be from your fall if there was some defect in the stairs. has a great "find a lawyer" tool to locate a local lawyer. Good luck.