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Can I sue Company Doctor
#1
Sad 
I was misdiagnosed by the company doctor...The company says my injury is not their fault...so I went to my dr they gave me a MRi and I have a slipped disc and other damage they found in the MRI...I already have a workers comp attorney but I want to sue the company dr...He caused more damage I believe when he assigned me to light duty he further damaged me physically...My dr now tells me I never should of been doing the type of work the company dr said I was ok to do...
 
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#2
just because you have a comp claim does not mean you give up your rights to file a medical malpractice action.
workers comp has a right to recover their costs from any third party claim.
you would have to show what actions, treatments, etc damaged you and to what degree.
a mere difference of opinion is not malpractice.
also the damages would have to be sufficiently large that it would be worth the time and efforts of a malpractice atty.
talk to some malpractice lawyers; they are the best ones to tell you if you have a case or not.

P.S.
a difference of opinion between doctors happens almost every time a patient sees more then one doctor.
in fact it's called getting a second opinion.
read different posts on this board.
it rarely rises to the level of malpractice.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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#3
What was the "light duty" work? What restrictions did he have you operating under?
 
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#4
The one thing I see just from your post is your doc did an MRI. If this is something the company doctor didn't have when he put you on the restrictions he did he can say he didn't have all that medical info when he did put you on light duty. My company doctor only ordered me to have them put heat on my back twice a day while at work and then they sent me to PT for them to give me a home exercise program to help. And now I'm will not work again. Nothing I can do about what this doctor did or the real problem what he did not do. He didn't even order light duty. You have to prove he did something completely wrong and that is very hard to do but as others told you speak with a lawyer and he can advise you best. Trust me there are many injured workers who would love to sue because of the treatment they got. The one thing you will learn is WC injuries don't pay well. If you have an injury that you recover from you might get a few dollars for the trouble but those that get permanently injured almost never get anywhere close to what its worth in the end.
Sorry for your injury and hope you can get the right medical care to recover as well as possible.
 
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#5
(12-22-2012, 05:09 PM)Stormy Wrote: What was the "light duty" work? What restrictions did he have you operating under?

I couldn't lift over 50lbs and that was it...I went back to work after the visiting the dr and did light duty...The job had me working in warehouse using a power jack..that jerked me from side to side...I went back to the company dr and he told me to take more pain pills...
(12-23-2012, 12:12 PM)Manley2 Wrote: The one thing I see just from your post is your doc did an MRI. If this is something the company doctor didn't have when he put you on the restrictions he did he can say he didn't have all that medical info when he did put you on light duty. My company doctor only ordered me to have them put heat on my back twice a day while at work and then they sent me to PT for them to give me a home exercise program to help. And now I'm will not work again. Nothing I can do about what this doctor did or the real problem what he did not do. He didn't even order light duty. You have to prove he did something completely wrong and that is very hard to do but as others told you speak with a lawyer and he can advise you best. Trust me there are many injured workers who would love to sue because of the treatment they got. The one thing you will learn is WC injuries don't pay well. If you have an injury that you recover from you might get a few dollars for the trouble but those that get permanently injured almost never get anywhere close to what its worth in the end.
Sorry for your injury and hope you can get the right medical care to recover as well as possible.


What kind of attorney do I look for regarding my company dr...??
 
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#6
CCC123

I understand you are upset the company doctor may have caused additonal medical problems by a wrong diagnosis although there may not be much you can do about this.

I was upset with my work comp doctor due to being injured when the doctor got to rough while doing an exam & testing.
The injury resulted in having spine surgery, an ACDF of C5-6.

Even with the the serious injury I received I was told I could not file a malpractice suit against this doctor due to it being work comp.

What I did do was file a complaint with my state's board of healing arts regarding my injury. This is the state board that investigates doctors for a number of reasons.

 
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#7
On the other hand, there is no correlation between imaging tests findings and patient's symptoms and complaints so it's a difficult argument to support.
 
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#8
Cycler in my case the neurosurgeon linked the injury to the actions of the work comp doctor. I knew when the doctor was pushing down on the top of my head that something was going wrong. I asked the doctor to stop and he refused, said he had to do the test.

The attorney for the insurance company told my attorney in court it was obvious I had been injured by the work comp doctor.

I still wasn't able to take legal action against the doctor but I was able to file the complaint with the state board of healing arts, this is a mark that will stay on this doctor's record.
 
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