Should I sue the doctor for not x-raying my wife’s head after a fall?

My wife was out jogging one morning when she tripped over a rock and fell.  She hit her head on the curb and suffered a small cut on the left side of her head.  At the hospital, the doctor looked her over, stitched her up, and sent us home.  I thought it odd that no x-rays were taken, but I didn’t think to question the doctor at a respected hospital.  Now I wish I had.  The next day, only 18 hours after leaving the hospital, my wife collapsed and died from a brain hemorrhage caused by the skull fracture that the doctor could have found with a simple x-ray.  What legal options do I have?  Do I file against the hospital or just the doctor who treated my wife?

 

 

Answers (1)

You could have a claim against the hospital and the specific doctor that treated your wife.  In determining if a doctor committed malpractice, a jury or the court would consider if the doctor did all he could do in treating your wife and whether he took all the steps a prudent doctor would have taken.  For this reason, you need to see an attorney that specializes in malpractice so they can look at your wife’s case closely to determine if the doctor should have known to take x-rays.  Your attorney will bring in medical experts to evaluate what the doctor did, what he should have done, and whether his actions were negligent and/or constituted medical malpractice.  However, if they find the doctor took every conceivable step necessary at the time of the injury and any reasonable doctor could have easily chosen not to take x-rays, they may determine you to not have a claim.

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