QUESTION

Do I have a case if the worker’s compensation doctor failed to diagnose full injury?

Asked on May 10th, 2014 on Personal Injury - Georgia
More details to this question:
I got hurt at work in late 2012 that lead to a worker’s compensation claim. I was stiff and have a lot of pain in my back. I had no prior issues or major accidents prior. I went to the board doctor who recommended me to back specialist. I went to a back surgeon who did one open MRI to my lumbar and then placed me in physical therapy that failed and ordered an ESI injection. After the injection there was more pain and severe headaches. I had blood work done and was told to go to my local ER for further evaluation. No other tests were done and ER dismissed me. The surgeon said he didn't know what was wrong with me as my MRI was not showing evidence to match my extreme pain so I was then referred to a physiatrist. That doctor gave me a whole new list of diagnosis saying it was muscular and how I had been treated wrong prior to coming to him. The pain was getting worse. I was having to use a cane and no medications were helping. This doctor tried me out in aquatic therapy that was helping with the stiffness but I started have problems with tingling in my right foot while in the pool. I was dismissed and the therapist asked for reevaluation of my condition. The doctor got upset with this and told me he just didn't understand but was ordering a MRI with and without contrast to the lumbar. Once the test was done, I thought I would be going back to him but no, he signed off my worker’s compensation with a return to work (I had not returned to work since the injury at all) and gave me a 0% disability rating. I was freaked and educated myself even though I had an attorney. I asked my worker’s compensation adjuster for a board change. The new doctor was again a back specialist. He ran more tests and found I had facet hypertrophy and I had injection that resulted in short term 50% relief. However, the pain was not getting any better but actually worse. I asked my attorney for settlement and that was granted in December of 2013 with large lump sum payment. Now on my own insurance, I have stayed with the last worker’s compensation doctor and new MRI's have been done to all 3 regions.
Report Abuse

1 ANSWER

Workers Compensation Law Attorney serving Atlanta, GA at Rechtman & Spevak
Update Your Profile
The fact that you settled your workers' compensation case means that further recovery in this matter is doubtful. The only action you may have at this point is medical malpractice (if the malpractice occurred within the previous two years). Please be aware that different physicians give different diagnoses and treatment. Some of the treatment is helpful; some is not. None of this constitutes medical malpractice by the physician. If you would like more information, consult with an attorney who practices medical malpractice law.
Answered on May 13th, 2014 at 3:16 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters