Gouldsboro, PA asked in Medical Malpractice, Personal Injury and Workers' Compensation for Pennsylvania

Q: Why is it hard suing a Dr. for Surgical Malpractice, who works with W.C.?

Was hurt at work, just some bruising, no breaks, no fractures. Plate and screws were rejecting within first hour after surgery. 2 months later, still with infected and now wide open surgical area, the hardware had to be removed or I was going to lose my foot and ankle. The plate and screws were not sutured. I had a failed fusion with bones still fused just no hardware and its so hard to walk and emg shows alot of nerve damage. Rash, pressure were bad. Even when cast came off. There were no breaks or fractures to have this procedure. Doctor only cared about what my payout should be for workers comp case. Wasnt allowed to walk for 1 year. I have all my medical reports and cds. Only problem is,He works close with workers comp lawyers and I feel like I was not treated in the best of his care. He blamed me for my body rejecting the metal even after telling him my family always has issues with metal in their bodies. Even given an antibiotic they knew I was highly allergic to.

1 Lawyer Answer
Joel Gary Selik
Joel Gary Selik
  • Medical Malpractice Lawyer
  • Las Vegas, NV

A: Consult with experienced medical malpractice attorneys in the state where this occurred that do not handle work-comp. That way the attorneys will not be concerned with a conflict with work-comp doctors.

Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did.

Timothy Belt agrees with this answer

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