A concerned parent from Georgetown, Kentucky contacted the Louisville Law
Offices of Brett H. Oppenheimer, PLLC to discuss the family’s allegations
that their four year old daughter had sustained fractures in her arm due
to a fall. The allegation was that the pediatric orthopedic surgeon failed
to diagnose a radial head fracture and/or a dislocation of her radius.
The failure to diagnose the fracture or dislocation resulted in the fracture
not being properly reduced (or, placed in the proper position) and allowing
for the bone to heal in the wrong anatomic alignment. The allegation of
medical malpractice was that casting the broken arm without realigning
the bone forced the bone to grow back inappropriately. The family had
a second opinion consult with another pediatric orthopedic surgeon who
determined that the child’s arm now required surgery. The surgery
basically involved the breaking the arm and then placing it in proper
anatomic alignment using plates and screws to hold the arm bone in place.
The allegation focused on the unnecessary surgery that resulted not from
the fall but from the first doctor’s failure to recognize the fracture
or dislocation. If you have questions about a Kentucky failure to diagnose
you are welcome to call the Law Offices of Brett H. Oppenheimer, PLLC.