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        I was Shopping at a Chicago Store when a Very Large, Heavy Book End/Door Stop Fell on My Baby Toe

        150 150 Clifford Horwitz

        Question:

        On June 3, I was shopping at a Chicago store when a very large, heavy book end/door stop fell on my baby toe. The display shelf was loaded with them items, and the ones at the front of the shelf were protruding over the edge. I was not carrying any bags, just a purse, and was walking with a shopping cart.

        I filed an accident report with the store manager right away and called my husband to take me to urgent care. The x-rays did not indicate a fracture, but the doctor thought the symptoms were congruent with a broken toe, so he sent them off to a radiologist to re-check. The was no fracture. However, it has been two weeks, and I still have trouble walking, the toe is still swollen and red, and it hurts.

        This has disrupted my life because I had just started training for the Chicago Marathon and now I’ve had to stop. I can’t move my toe to the side because of the pain, so I can’t apply medicine for a fungus I have between those toes. The store has only offered to pay my doctor’s visit.

        –Christina, Chicago

        Answer:

        Who is evaluating your x-rays? Is it a foot specialist or a general orthopedic surgeon or just an emergency room doctor? I believe you should be seeing somebody who specializes in feet. Has an MRI been taken of your foot? There are certainly injuries other than fractures and not all fractures show up on x-ray. There are various reasons for this depending on the swelling, the x-ray view, the competency of the physician and whether an MRI or bone scans have been taken.

        I would recommend that you not stop treatment just because a doctor can’t figure it out. Go to a foot specialist if you’re concerned. Right now, the case falls in the category of a small claims case, if it’s just a bruise and representation is not required. If it’s more than a bruise, you’ll probably need an attorney. We would be happy to represent you in this matter if you need it. Finally, please don’t give any tape recorded statements to Defendant’s insurance carrier.

        Clifford Horwitz
        AUTHOR

        Clifford Horwitz

        As Principal Partner and lead trial lawyer of Horwitz, Horwitz & Associates, Cliff has devoted his entire career to achieving justice for those who have been victimized by corporate negligence. He has won numerous record-setting jury verdicts and settlements, as well as what was the largest personal injury verdict in Illinois for an individual.

        All stories by: Clifford Horwitz