Bloomington, NY Personal Injury Law Firms & Lawyers

Sue him for what? For being a jerk? Theoretically, I suppose there could be causes of action for fraudulent inducement of contract and negligent infliction of mental and emotional distress, but realistically I don't think it would fly.

Yes, you should get compensation. And, regardless of the compensation, you should consider filing a complaint against this person with the medical licensing board of the state, because it is unconscionable for a physician to forget her first and foremost duty - to do no harm. If she had x-rays of your arm done in her office, there was no reason for her not to tell you the results immediately, and not to make sure that you got the medical care you needed for the fracture, right away. By letting you go without fixing the broken arm, she put you at risk of further injury and complications - not to say anything about the pain you must have experienced because the broken arm was not immobilized. This conduct is incompatible with the title of physician; and she should lose her license and not remain in a position to harm anyone again. At the very least, she should pay dearly for this outrage. Find an attorney without delay - this kind of cases should be done while every detail is fresh and clear in your memory, and there is still a chance to secure some corroborating evidence.

You have to be appointed as the fiduciary of her estate. If she had a will, you need to be appointed Executor, if she did not, that role is called Administrator. Either way, the term "fiduciary" is used. In NY, this appointment is made by the Surrogate's Court. Once you are appointed, you can contact the hospital to get the records. If they refuse, you may be able to get a court order.