Honestly, it’s definitely worth a phone call.
Man, I am so sorry you’re going through this. There’s nothing worse than being told "it's just a sprain" only to find out weeks later that you've been walking around on a broken bone. That kind of pain is no joke, and it's incredibly frustrating when you feel like you weren't listened to the first time. To answer your question directly: yes, you should absolutely reach out to a medical malpractice attorney.
I know it feels a bit "weird" if you've never sued anyone before, but look at it this way—you aren't trying to get rich quick; you're trying to cover the actual costs of a mistake someone else made. Since you mentioned you now need surgery because it didn't heal right, your situation moves from a "simple mistake" into the territory of actual legal damages. In the legal world, they look for whether the doctor deviated from the standard of care. If a typical, competent doctor should have easily spotted that break on the X-ray, then they likely failed in their duty to treat you properly.
The good news is that almost all medical malpractice lawyers work on contingency. This means they offer free consultations and they don't get paid a dime unless they win a settlement for you. It’s a very low-risk way for you to find out if you actually have a case.
Here are a few things I’d suggest doing right now:
- Get your records: Request a physical or digital copy of the original X-rays from the ER and the report from the radiologist who read them. Your new specialist will likely need these anyway.
- Keep a paper trail: Start a folder for every single bill, prescription receipt, and gas receipt for trips to the doctor. Also, keep track of any days you had to miss work because of the pain or upcoming surgery.
- Don't talk to the hospital's insurance: If the hospital calls you to "check-in" or offers you a small refund to make things right, don't sign anything! They might be trying to get you to waive your right to a bigger claim.
- Write it down: While it's fresh in your head, write down exactly what happened at the ER—what you told the doctor, what they said to you, and how long they actually spent looking at your foot or arm.
At the end of the day, a consultation doesn't cost you anything but an hour of your time. If it turns out it was a "hidden" fracture that was truly impossible to see, the lawyer will tell you. But if it was a blatant miss, you shouldn't have to pay for the surgery and extra recovery time out of your own pocket. Good luck with the specialist, and I hope you have a speedy recovery!