The Basics of Fractures

Physical forces from significant falls or vehicle collisions can be extreme. When the forces exerted on a person’s bones are stronger than the bone itself, the bone fractures. If the bone snaps and ends up in two pieces where the ends are not aligned, the person has suffered a displaced fracture. If the bone is in multiple pieces, a doctor may refer to it as a comminuted fracture. An open fracture is where the bone penetrates the skin.

Treatment for Fractures

Typically, a person who suffers a severe fracture receives emergency medical attention to address the fracture. X-rays are routinely utilized to diagnose the extent of the fracture. Casts and immobilization techniques can be effective to treat minor fractures. However, when a fracture is displaced or comminuted, a doctor may recommend surgery in the form of an open reduction internal fixation surgery. A surgeon will use hardware to fixate the bones to secure them in the proper position.

Long Term Impacts from Fractures

It is important to remember that a judgment or settlement concludes the litigation for all time. This means that an injured person cannot return to court years from now to claim ongoing medical expenses or future pain. So, it is important to evaluate all future impacts before the conclusion of the case. Surgeries to repair fractures can leave patients with future medical care needs. A patient who has had hardware including pins, plates and screws utilized to fixate a fracture may very well require subsequent surgeries to remove the hardware, which itself can be painful. The fracture itself can heal but leave long term pain and disability due to arthritis.

The Eggshell Plaintiff

The amount of force required to fracture a bone will depend upon the strength of the person’s bone itself. At times, a person’s bone may be compromised because of age or an underlying medical condition. Under California law, a person who is more susceptible to an injury, such as because of age or an underlying medical condition, is equally entitled to recover for the full extent of his or her fracture. A plaintiff is not punished just because he or she is an “eggshell” plaintiff. Rather, the person who causes the injury takes the plaintiff as he finds him or her.