Q: Can I sue an occupational medical clinic for incorrect diagnosis/neglecting imaging findings?
I suffered a work injury that has recently settled with employer and insurance. I had an ankle injury which had MRI’s showing a sprain and osteochondral lesion of talus. Dr.’s at clinic ignored lesion and kept diagnosing my injury as “sprain”. After year and half, I saw an independent State board cert Dr. Who found injury was the lesion and I hired lawyers and got new Dr. who diagnosed as lesion and promptly scheduled surgery. My employer has stipulation that if unable to return to work within 2 years of injury, I was to be terminated, which I was, causing duress. Can I sue the clinic for negligence, pain&suffering for the misdiagnosis/neglect of treating the findings of MRI. It was as if they neglected the lesion intentionally. I was found by State to have a 30% permanent disability now due to injury.
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