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Waitress files lawsuit after doctor`s failure to diagnose injury

New Jersey residents who have had negative experiences related to medical care may be interested in the fate of a waitress in another state. In 2011, a female waitress fell and injured her knee after she tripped on shrimp at her workplace. She has now filed a medical malpractice lawsuit against the doctor who treated her on the day of the incident. Now, three years later, the woman is allegedly still suffering, and she claims it is a result of the doctor's failure to diagnose her condition.

The waitress claimed that, after the fall, she was transported to a hospital where the doctor suspected injury to a ligament in her knee but diagnosed the injury as contusion. Without further investigation, the doctor reportedly prescribed pain killers, and after supplying her with crutches and an elasticated bandage, she was released. When she apparently experienced painful swelling and numbness in the lower part of the injured leg the following day, she reported to the emergency room of another medical center.

Upon arrival, a doctor reportedly diagnosed injury to the knee arteries, and a surgeon performed surgery that necessitated supporting steel bits. Following an alleged 10 day stay in intensive care, the woman was transferred to another facility for continuing care. She stated that the surgeon recommended additional reconstructive surgery. The woman claimed to still be suffering constant pain and no function, sensory or motor, in the lower part of the injured leg. Her claim for $50,000 covers damages for medical expenses, permanent disability and loss of income, along with disfigurement and the incapacity to work.

She accused the physician who originally treated her of failure to diagnose and properly treat her condition, and other allegations relating to the failure to further investigate the injury and act upon the findings. When New Jersey residents suffer the consequences of a medical professional's failure to diagnose a condition or injury, they retain the right to file a claim of medical malpractice in a court of law. When sufficient evidence is presented, the court may award monetary damages in compensation to cover current and future medical and other expenses as deemed appropriate under state laws.

Source: The Louisiana Record, "Woman claims permanent disability after tripping on shrimp sues for medical malpractice", Galia Binder New, April 15, 2014

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Alan D. Bell
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Bloomfield, NJ 07003

Phone: 973-233-4291
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