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Final results of complaint against work com doctor
#1
Most of you know the history, I was injured by the work comp doctor at the appointment previous to being placed at MMI. An injured that resulted in surgery ACDF of C5-6.

At this appointment the doctor was treating the right knee and lumbar spine. At the time I was injured the doctor was doing a test; pushing down on the top of the head and twisting the head. Only he pushed down on the head very hard and ignored my complaints when I told him he was hurting me.

I knew at the time something was wrong, and 10 days later the MRI showed a large herniation of C5-6, displaced nerve roots, and pressure on the spine. This MRI was compared to an earlier MRI taken 4 months previous, this MRI showed a small herniation with none of the other problems.

When I first saw the work comp doctor I gave his a copy of the MRI report on the neck and neurosurgeon's records which showed I had a small herniation of C5-6 which did not require and medical treatment.

1st paragraph:
This is to inform you of the final outcome of the complaint you filed with the Kansas Board of Healing Arts regarding Dr E.

Ending:
Based upon the committee's review of the information and facts presented in the case created as a result of your complaint, it was determined that there was not an actionable violation of the laws we enforce. The investigation and the case are now considered closed.

The determination made in this case regarding your complaint does not in any way limit your ability to seek other legal remedies.

Thank you for taling the time to bring this matter to our attention. Even though it did not result in formal disciplinary action in this case, your complaint and the investigation that prompted were not wasted effort. the information becomes part of the permanent record of Dr. E. and made Dr E. aware of the issues which lead to your complaint. If you have any questions or concerns please do not hesitate to contact me.

Sincerely,
D.R.
Disciplinary Counsel

 
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#2
bummer, I am furious and I wasnt the one that was hurt byy this a-hole... One thing is at least its noted, I wonder if an attorney would go for it....
 
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#3
I only have 2 years to take action and that time will be up August 10th of this year.

I've talked to several attorneys and they all say the same thing, it cost $90,000.00 for an attorney to take on a malpratice case. My case would not be worth enough money to take on.

I visited with the attorneys before the cervical surgery, I have one attorney left to talk to. Think I will do a search and see if he is a personal injury attorney.
 
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#4
I just visited with smeone at the state and learned there 6 other complaints that have been filed against the doctor who injured me, all are open complaints.
 
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#5
Well that's just a big ol bunch of BS in my opinion!!! I'm so sorry to hear that the outcome was not in your favor!

The doc who did my 3 shoulder surgeries is giving up his license to practice effective June 1st. He is 49 years old and an ortho surgeon. I just found out he messed up someone's shoulder real bad just about 2 weeks before he did my first surgery. My right shoulder is in way more pain now and much less rom than before the surgery so I understand how you feel. Sure hope you can find an attorney who will take it on. Maybe if you mention the other 6 cases it might help?
 
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#6
Bummer you've ran out of time in going after this doctor. You have only a yr for any sort of medical malpractice. Atleast in our state.

Bodybuilder1958
 
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#7

We filed a malpractice case on our daughter years ago and at that time it was 2 years for the date of incident.
Last Spring I asked one of the malpractice attorneys I spoke with it it was still a 2 years timeline for the date of injury and was told yes. Course laws change but I will findout tomorrow for sure when I call the attorney's office.
 
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#8
I spoke with a law firm on the neck injury today. I expected to be told no right away but that did not happen. A team of attorneys will be review my information next week and will decide if they want to take on my case on the neck injury.

I did learn a law recently changed in Kansas, an injured worker can file a suit against their work comp doctor for injury. Use to if you were injured by a work comp doctor you could not file a lawsuit against that doctor.
 
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#9
(05-31-2012, 09:04 PM)Bummer Knees Wrote: I spoke with a law firm on the neck injury today. I expected to be told no right away but that did not happen. A team of attorneys will be review my information next week and will decide if they want to take on my case on the neck injury.

I did learn a law recently changed in Kansas, an injured worker can file a suit against their work comp doctor for injury. Use to if you were injured by a work comp doctor you could not file a lawsuit against that doctor.


It is still like this in Louisiana. It is called NO CAUSE OF ACTION. It really sucks because a WC Doctor can do whatever he wants as long as it does not cause Death. Here is a example:

http://www.lacoa2.org/Opinions%20PDF/41579ca.pdf

 
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#10
Not cool that is for sure!

Yesterday the attorney is the one who told me about the changes in the kansas law, the attorney visited with another attorney to make sure she was correct on this.

I really do not expect anything to happen with this, just not getting my hopes up.
 
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