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Your question relates to what is referred to as "Medical Negligence" or "Medical Malpractice".

Medical negligence claims are common, but they are VERY expensive to pursue. Most attorneys who handle these types of cases do so on a contingency basis. They don't get paid unless you win your case, and they will take anywhere from 25% to 40% of your settlement or award, depending of a variety of factors. The amount that they earn will be spelled out in a contract between you and the attorney(s).

"Squashing" a rib sounds doubtful. It would take an extreme amount of pressure to literally "squash" a rib. Temporary pain to the soft tissues covering your rib(s) is more likely what you're talking about. If there wasn't any visible sign of injury (like bruising, swelling, a fracture seen on x-ray), it is unlikely that you will be able to find an ethical attorney to handle your case. An ethical attorney will not pursue these types of claims because of the time and expense involved relative to the value of the claim. In other words, the monetary value is so minimal that it isn't worth the time and expense.

On the other hand, there are plenty of unethical attorneys "out there" who will take ANY case. They know that a medical malpractice carrier (the insurance company) repsonsible for paying claims against the doctor is likely to settle even a nominal claim for a few 1000 dollars rather than go through the expense of defending the claim. Attorneys like this give those of us who are ethical a bad name, and are a big reason why insurance premiums are so high.

So ... the answer to your question is, "Yes". A doctor can be held liable. BUT the question of whether he SHOULD be liable, and whether you SHOULD pursue the claim is an entirely different issue.

If you were GENUINELY injured to an extent that you had visible damage, missed time from work, had expenses resulting from the injury, etc., then an ethical attorney will handle your case. If you take your case to 3 different reputable attorneys and each of them refuse to handle your case, my advice to you is to drop the issue.

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13y ago

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