Q: What are my options for a 3rd surgery on the same shoulder when dr.said he don't after 2 surgeries
A:
I can only give you a very general answer as more information is needed to give you a specific answer. In general, the workers' comp carrier has to provide treatment that is recommended by the authorized treating physician. No one can force a doctor to do a surgery he/she does not want to do. If the authorized treating physician does not want to do another surgery, you could seek a second opinion with another specialist. You might be able to get the carrier to provide a second opinion, or you might have to get one on your own. If a second opinion doctor thinks you need a third surgery and the workers' comp carrier refuses, you could have a hearing for a workers' comp commissioner to make a decision. Sometimes a third opinion is ordered as a sort of "tie breaker".
I note that you are in North Carolina but your question is for South Carolina. My answer applies only to a South Carolina workers' comp claim. The answer may be different if you actually have a North Carolina case.
If you do not already have an attorney, you should consider having representation. A shoulder injury with 2 surgeries already is pretty serious and the issue regarding a 3rd surgery is probably not one you should try to handle on your own. If you do already have a lawyer, speak with your lawyer about your options. Your lawyer would have the most information on your claim to give you an answer based on your particular situation.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.