Q: i am at the end of my wc case, since my doctor is being a prick, do i have to do the knee surgery. what r options.
At the doctors office, I made my ortho doctor aware that i was absolutely scared about the forthcoming knee surgery. He got upset and said to trust him, that he and another doctor were going to operate. i asked him who that doctor was, he would not ever give me a name, he just said he was a good doctor and has done several knee surgeries with him. when i insisted that "I needed to know who was going to be cutting into me" and wanted to meet him, the doctor finally said,
"I think you need to find yourself another doctor to operate, its obvious you don't trust me and you are not comfortable with me". when i emphasized my necessity to know who the other doctor was and what they would be doing on my knee, he got more upset and said get another doctor. i dont know what to do. can i get a P&S from this doctor or another doctor to operate? The insurance company said no more opinions available. What are my rights as a injured worker, on a work comp case, at the end of my case?
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A: It is a reasonable to request the name and credentials of the doctor who will be performing the surgery. You should discuss these and other issues with your worker's compensation attorney. I do not see a cause of action per se against the doctor. Medical malpractice cases are quite challenging and complex. Basing the case on the bad manners and acts of the doctor under these facts probably would not be enough to justify the time and expense of a medical malpractice case. Most worker's compensation attorneys provide for a Free Consultation. Get some advice now while you have legal rights to compensation to pursue through worker's compensation.
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