While all fractures are cause for concern, fractures involving the vertebrae in the neck are particularly problematic, as if they are not promptly addressed, they can lead to nerve damage, paralysis, and, in extreme cases, death. Tragically, though, the failure to diagnose a neck fracture is not uncommon. The failure to offer a prompt and accurate diagnosis is often the result of negligence, and doctors who make such mistakes should be held responsible for any harm they cause. If you or a family member suffered losses due to the delayed or missed diagnosis of a neck fracture, it is in your best interest to speak to an attorney at your earliest convenience. The experienced Prince George’s County medical malpractice attorneys of Foran & Foran, P.A. can evaluate your case and craft compelling arguments in your favor to provide you with a good chance of achieving a successful outcome.
Consequences of the Failure to Diagnose a Neck FractureA neck fracture, also known as a cervical fracture, is a break in one or more of the seven vertebrae in the neck, often resulting from trauma such as a fall, car accident, or sports injury. Signs and symptoms of a neck fracture can vary depending on the severity and location of the break but typically include severe neck pain, swelling, tenderness, bruising, and a loss of mobility in the neck. In more severe cases, symptoms may also involve numbness, tingling, or paralysis in the arms or legs, indicating potential spinal cord damage.
Diagnosis of a neck fracture usually involves a combination of physical examination, where the doctor assesses pain, movement, and neurological function, and imaging tests like X-rays, CT scans, or MRI scans to confirm the presence and extent of the fracture. Failing to diagnose a neck fracture promptly can have serious consequences, including worsening of the fracture, permanent nerve damage, paralysis, or even death. Immediate and accurate diagnosis is essential to prevent these potentially life-threatening complications and to ensure appropriate treatment, such as immobilization, surgery, or rehabilitation.
Elements of a Failure to Diagnose a Neck Fracture LawsuitThe failure to diagnose a neck fracture can lead to permanent physical impairments and often causes emotional and financial harm as well. Many people who suffer such harm will attempt to recoup some of their losses via medical malpractice claims against the parties responsible for their losses.
Most plaintiffs in medical malpractice cases will allege that the defendant was negligent. In Maryland, four elements comprise negligence, and a plaintiff must demonstrate each element in order to present a winning case.
The first two elements are a duty and a breach. Duty refers to the obligation imposed on the defendant to offer treatment that meets the standard of care. Generally, the standard of care is defined as the care a reasonable doctor working in the defendant’s practice area would provide when they encounter a similar scenario.
The final two elements are causation and damages. Causation refers to a connection between the defendant’s breach and the final element, damages, which represent the plaintiff’s losses.
In the majority of medical malpractice cases, the plaintiff will need to retain a medical expert to explain the standard of care to the judge or jury during trial, as well as the ways in which the defendant failed to uphold the standard. Expert testimony is also typically required to connect the plaintiff’s damages to the defendant’s breach.
Confer With an Assertive Medical Malpractice Attorney in Prince George’s CountyIf you suffered losses because of a physician’s failure to diagnose a neck fracture, it is prudent to confer with an attorney about your options. The assertive Prince George’s County medical malpractice attorneys of Foran & Foran, P.A., are adept at obtaining favorable outcomes in claims against reckless healthcare providers, and if we represent you, we will advocate zealously on your behalf. We have an office in Greenbelt, Maryland, and we regularly represent people in Hyattsville, Bowie, Upper Marlboro, Waldorf, La Plata, Silver Spring, Rockville, and other cities in Prince George’s County, Montgomery County, Charles County, and all counties in the State of Maryland in medical malpractice cases. You can arrange a confidential and free meeting by contacting us through our form online or by calling us at (301) 441-2022.