January 10, 2019

Question

I got hurt at a job site (electrician) and went to the emergency room by ambulance. X-rays showed no breaks. I went home swollen and sore. I was dealing with my doctor and his instructions. I was called by workers comp to see there doctor, I went (without mri results because I they did not send them). The doctor asked me a few questions and the meeting was 6 minutes. He didn’t even touch any area on my body. He sends a report as if he examined me. He actually stated range of motion degrees and a full false report. My mri comes in and I have 3 herniated discs, torn mcl (need surgery). In turn from his report, my benefits were canceled because he gave a full clean bill of health. His report was false. Can I sue for the lies and hardship he’s caused because they cut my funds.

Answer

It wouldn't be a malpractice scenario because no doctor-patient relationship is formed when a worker's comp carrier's examining physician "examines" someone injured on the job, and writes a questionable report... Your option is to appeal the worker's comp denial of benefits. You need a worker's comp lawyer for this. Best of luck.


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