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Need Advice on a bad work comp doctor What recourse do I have
09-13-2012, 06:32 PM, (This post was last modified: 09-13-2012, 06:40 PM by reallyneedadvice.)
Need Advice on a bad work comp doctor What recourse do I have
My background- Injured shoulder at work had a surgery for a torn rotor cuff 7 months ago, reinjured shoulder a month ago at work. Same work comp doctor the hole time. State MO Kansas City area. I work in a fast paced manual labor job.

I haven't gotten any excused days off to heal, not one day.
I was started off with light duty restriction now I'm on no restrictions and full duty even after i expressed that my shoulder is messed up worse than it ever was. I'm currently seeking a second doctor and not working right now and running low on time off hours I've been using.

Just wanted to see if I had any real legal options against this bad work comp doc? Thanks in advance

09-13-2012, 08:05 PM,
RE: Need Advice on a bad work comp doctor What recourse do I have
in order to prove malpractice you have to show damage.
do you have a medical opinion that the treatment damaged you?
they are not going to accept your word that it "is messed up worse than it ever was".
when you have some evidence talk to a malpractice lawyer.

09-13-2012, 08:19 PM,
RE: Need Advice on a bad work comp doctor What recourse do I have
I'm scheduled for a mri next week and hoping to find a new unbiased doctor next week as well.
If i can get evidence together should I be trying to file suit right away or wait till work comp is settled?
Thanks for the reply by the way.

09-13-2012, 08:54 PM,
RE: Need Advice on a bad work comp doctor What recourse do I have
you don't know how long comp claim will last and you don't want stale medical evidence.
file right away.
the difficulty will be finding a lawyer that will file. monetary damages have to be substantial to warrant expense and time of a medical malpractice suit.

09-14-2012, 08:21 AM,
RE: Need Advice on a bad work comp doctor What recourse do I have
malpractice is difficult to prove and as 1174 said attorneys deal with facts.

I was injured by the work comp doctor and required spine surgery.

I had a case although the potential settlement would not have been high enough to off-set expenses of the case.

just for an attorney to take on a case the costs would be $90,000..

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