Q: Do I have a workers comp case against my school district? Also do I have a medical malpractice case against my surgeon?
Back in June, a student threatened me and overturned my desk. Administration put great pressure on me to pass the student. Now I have been on medical leave since school year started in Aug for neck. Had neck surgery 11/8/2019.
I am making no progress, in tremendous pain do to misdiagnosed.
In process of being diagnosed for multiple sclerosis. Stress adds to MS. I went through hell the last two weeks of school with this school and student. Being threatened my administration to pass him.
Do I have a case against my school district once diagnosed fully with multiple sclerosis? As stress plays a part of MS.
Also against my neurosurgeon? He continued to tell me that I am a complicated case, but never stated why my neck was causing this pain? or what was wrong with my neck. Now finding out, I have MS, why neck surgery was not the answer.
A: Medical Malpractice is not WC, so you need a different forum. Probably not malpractice for failure to say why you are in pain. As for workers comp, you can always file a claim. For psyche cases you must meet the 50% threshold. In your case you have waited 6 months to file, and this case you have MS, so I think you will have difficulty. In other words, it will be a long drawn out litigation and you won't see any benefits for some time. Best you lawyer up.
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.
