QUESTION

Would I be eligible for any compensation?

Asked on Feb 27th, 2013 on Personal Injury - Virginia
More details to this question:
Following lumbar epidural in Sept. 2012, have suffered severe loss of mobility requiring a handicap tag. The physician, Nadeem Khan, denies any responsibility even though the problem began when getting the injection which was very painful. Had previous injections without a problem. But this time I could not walk after it for about 5 hours. And the weakness in my legs has lasted for 5 months now. At Khan's advice , I saw a neurologist and a neuromuscular specialist at MCV. After myelogram, EMG, nerve conduction studies, CT and excessive laboratory tests, everything was found to be normal. Khan was certain that it was myasthenis gravis, MS or some such muscle wasting disease which manifested itself coincidentally at the same time as that fateful injection. All bogus.
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1 ANSWER

Premises Liability Attorney serving Herndon, VA at Abrams Landau, Ltd.
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Sometimes, when an injured worker's condition is worsened by the medical care they receive, there may be additional compensation benefits available. This is known as the "doctrine of compensable consequences." If the employers worker comp insurance company pays for these additional loss items (i.e., medical bills, lost wages, permanency, etc.), then they have an "IOU" on any "third party recovery." In other words, if the comp carrier pays benefits to the injured patient, then they can participate in any recovery, whether by settlement or trial. An attorney experienced in BOTH Virginia personal injury AND workers compensation claims would be in the best position to evaluate the harms and losses as well as the potential for recovery
Answered on Feb 28th, 2013 at 7:29 PM

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