Dyersburg, TN asked in Medical Malpractice for Tennessee

Q: Can it be malpractice if sent back to work with disc protrusions in my back without restrictions.

I have been seeing a doctor for a work related back injury and he has sent me back to work with no restrictions 2 times now with both resulting in failure and his recommendation was to just change line of work after the second time it failed he did another more imaging and actually found the issues in my injury after missing the first time by not looking in right location . He then puts me back on the restricted duty that he had me on before clearing me to return to work after discussing his findings with imaging on 5/9/23 only to then to go back and say it was not supposed to say restricted duty after being contacted by the adjuster per his office it was just a mistake he is a orthopedic doctor. I was wondering if there is anything that can be done with this issue ?

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2 Lawyer Answers
Joel Gary Selik
Joel Gary Selik
  • Medical Malpractice Lawyer
  • Las Vegas, NV

A: Yes. If sending you back was below the standard of care, and you have harm from that, you may have a case.

Due to the nature of medical malpractice cases, the extent of your injuries may affect the viability of your case.

Consult with experienced attorneys in the state where this occurred.

Anthony M. Avery
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Knoxville, TN
  • Licensed in Tennessee

A: I recommend you consult with your own Worker's Compensation attorney before you get fired. Also any kind of medical provider malpractice in TN is very difficult and time sensitive. It is not just filing suit within 1 year of injury.

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