Wilkes Barre, PA asked in Medical Malpractice for Pennsylvania

Q: I have been struggling with pain for about 14 years now, doctors kept telling me that there was nothing wrong with me.

I sought out specialists on my own, and have been diagnosed with tarsal tunnel, carpal tunnel and freibergs disease. Carpal tunnel is so bad that I am getting corrective surgery next week. Still waiting on Mri results and Emg testing in regards to the freibergs disease. I wanted to know if I may have a malpractice suit or if I may qualify for disability. 27yr old female.

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1 Lawyer Answer
Peter N. Munsing
Peter N. Munsing
Answered
  • Medical Malpractice Lawyer
  • Wyomissing, PA
  • Licensed in Pennsylvania

A: Unlikely to have a malpractice case,but consult a malpractice attorney in your area to see--most give free consultation (reason being that it is only failure to diagnose if the doctor is a specialist and should have kown--GP's, ER docs aren't held to those standards, and in addition basic treatment for both is to have some mild support, rest. Finally, medical cases are extremely expensive. Freibergs is somewhat uncommon, and an expert would have to say that it was apparent on an x ray. But get a free consult to be sure.

On Disability--If you have been working and just recently stopped, I would first advise seeing if the Office of Vocational Rehabilitation can help you with retraining for something that is less physically stressful. You may want to apply for Social Security now if you have been disabled from work for several months now and are likely to be disabled due to surgeries for one year or longer.

Understand that disability for social security doesn't just mean that you can't do your old job, but also that you can't DO any other job that allows you to sit such as security video monitor. The law says it doesn't matter if you wouldn't be hired or that there are no openings--its any job that exists in "substantial numbers" --and that your inability to do this has lasted or will last for 12 months or longer.

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