QUESTION
10/11/06-injured at work,filing cabinet crushed hand. Reported imm. went to Work Comp Dr-,swelling in small finger,xray,splinted in case of pending
Asked on Mar 21st, 2012 on Medical Malpractice - New Jersey
More details to this question:
fracture.week later:small finger pain,can''t move it,swollen.xray had a mark on small finger but no fractures,advised to exercise and take advil. Week later:same symptons,pain is worse,stiffness is in hand.Told to do more hand exercise and take advil.Next Week: hand worse,same symptons,still can''t move small finger.Dr refrrs me to Hand specialist for eval.11/3,Hand Dr. examines, gives cortisone injection in small finger,MRI that day,11/17 Dr. states that MRI showed flexor tendon severed in small finger,needs surgery to re-attach.11/22(42days frm injury) had surgery to re-attach tendon.5/''07 hired WC lawyer For the next few yrs various Dr.s,finally in June 2010 while being examined by the permancy Dr.it was explained to me that the reason my finger is deformed and I am in constant pain is because the tendon shrunk during the delay in treatment/surgery.This was the first time I was told why my injury wasn''t corrected.Work comp case seattled for 25%loss of right hand and 2yrs open medical
1 ANSWER
Catastrophic Injury Attorney serving Roseland, NJ
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John J. Ratkowitz
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I am not sure that you would be successful pursuing a medical malpractice case for failure to diagnose the severed tendon for a few weeks. You would have to convince a jury that the doctors "watch and wait" approach was unreasonable or below accepted standards of care just doesn't seem like that at face value.You should definitely contact your workers compensation attorney and try to reopen your case. I would think that a hand specialist would be able to perform some type of tendon transfer surgery that may help your symptoms.
Answered on Mar 21st, 2012 at 3:09 PM