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forced to do surgical procedure
#1
what are laws regarding surgical procedures. i may be forced to do one with a poor outcome.can i be threatened with loss of benefits?has anyone experienced this?
 
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#2
Consult an attorney. No one can be forced to have a surgery.
Let Go, and Let God......
 
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#3
chrischris Wrote:Consult an attorney. No one can be forced to have a surgery.
 
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#4
okay, i was told about a tendon transfer procedure for dropfoot but it does not have a positive outcome i may be worse than before.
 
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#5
.... and you may be better.

It depends on why you have a foot drop. Most foot drop, if due to an L5 radiculopathy, are not operated on but simply treated with a spring loaded foot and ankle orthotic. On the other hand Common Peroneal Nerve injuries do quite well with a posterior tibialis tendon transfer in qualified and experienced hands.

Regardless, no one may force you to have any care you do n ot wish although it may impact your current benefits.
 
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#6
depending on the type of force used you may be able to file a criminal complaint. Is it blackmail or the threat of violence being used to obtain your cooperation?
don't confuse having to make a difficult choice with the lack of choice or options. when you have alternatives you are not being forced and you are allowing a figure of speech to control your thinking.
you always have an option of closing your claim, dropping workers comp, and handling your situation thru other means.
in many states comp benefits are not guarenteed for life so there is a statutory end to every case. That's the law and it's not something you can avoid even by choosing what you consider a risky surgery.
Since comp pays people for being sick and disabled there are always some who see an opportunity or advantage in prolonging their condition for as long as possible.
sounds like you are considering it.

so yes the comp system is likely to end your benefits sooner when there are no more viable treatment options.
you are not forced and you can't duck the responsibility by calling it "forced".
the choice for surgery is yours as are the consequences.
choose well.
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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#7
Knowing Your State would Help Greatly Also! The General Answer is No, You don't have to Have the Procedure if You don't Wish to, but if the Ins, Co. feels that this Surgery is the Best Option to get You Healed, and You deny it without Opposing Medical Opinion and a Hearing for a w/c Judge to Decide which Dr. is More credible, they can and Probably will Stop Your Payments, and Close Your Case!! You need to Consult an Attorney that Deals in w/c in Your State, and Best of Luck!!!Wink
 
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#8
I think the word (force) is being misunderstood. Like 1171 has told you. I think what your saying, is that if you choose to not take a chance and have surgery, that work comp will stop your benifts. Now this is true. As surgery may now be the only treatment that is left to try and help you. Since that sounds like the issue, your not being (forced) but your given a choice. A choice to try surgery and see if it betters you, or a choice to not have surgery and loose benifits and settle your case.

There are risk in any surgery, not just the one your talking about.

Let me explain one I went through;

On my last neck surgery of a 6 level fusion, I was given only a 20% chance of living on the operating table. But I went through with it, and here I am talking to you. Plus, I wasn't crippled and not in a wheel chair which was my next option that was possible.

No doctor, and no surgeon can tell anyone there will be a 100% good outcome. Anything can happen. Having a good positive attidude that it will be a good outcome helps your mind set a goal for yourself, and yes, it does help the healing process.
Reply's are intended solely for informational purposes. They are based on personal opinions, experience, or research and are "not to be taken as fact or legal advice", otherwise, always consult an attorney or a doctor.
 
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#9
1171 Wrote:depending on the type of force used you may be able to file a criminal complaint. Is it blackmail or the threat of violence being used to obtain your cooperation?
don't confuse having to make a difficult choice with the lack of choice or options. when you have alternatives you are not being forced and you are allowing a figure of speech to control your thinking.
you always have an option of closing your claim, dropping workers comp, and handling your situation thru other means.
in many states comp benefits are not guarenteed for life so there is a statutory end to every case. That's the law and it's not something you can avoid even by choosing what you consider a risky surgery.
Since comp pays people for being sick and disabled there are always some who see an opportunity or advantage in prolonging their condition for as long as possible.
sounds like you are considering it.

so yes the comp system is likely to end your benefits sooner when there are no more viable treatment options.
you are not forced and you can't duck the responsibility by calling it "forced".
the choice for surgery is yours as are the consequences.
choose well.
 
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#10
no i am not trying to prolong injury i also have torn acl & lcl ligaments which have not been surgically repaired yet either. it was the primary orthopedic doctor request to try to fix dropfoot first. i may have used the wrong word "forced", i will do what i have to do to keep benefits.i am in alabama i was injured 8-5-08. i have had 2 emg nerve tests for nerve regeneration. no improvement to date. exploratory surgery or tendon transfer were options there are length of nerve damage issues with nerve grafts. over 12cm unfavorable outcome if attempted at all. tendon transfer next option dont know yet if stretch injury will allow that. thanks for replies.
 
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