Q: I was wrongfully found to be at MMI by treating doctor as I was still in pain from my injuries and found to be not fuse
Adjuster ordered new MRI upon reading my results radiologist says I'm post cervical c3457 fusion surgery with no stenosis at any level a unremarkable exam?I followed up with the second opinion doctor the adjuster sent me to and provided him with a copy of disc He was only giving a report of radiologist findings after examining me he. Felt something was not right? He then went to his computer and was like oh my he says he looked further and said Mr Miller your not fused and there are multiple issues why your in the pain your in and experiencing the problems you've been having. He told me it was very important that I get a revision surgery asap as it was 11 months from date of last surgery so he ordered surgery next available date.is there lack of duty of care here?
A: I can answer half of your question - my firm only handles workers' compensation matters, so I cannot comment on any medical malpractice issues. As to workers' compensation, it matters greatly whether you are actually at Maximal Medical Improvement (MMI). A finding of MMI can lead to a cap on the amount of time you can receive wage loss benefits (through an Impairment Rating Evaluation (IRE)). It sounds like you may not actually be at MMI, given a possible need for additional surgery. I would urge you to consult with an attorney certified as a specialist in workers' compensation law, whether my firm or another of the fine attorneys on this board. On the board, we can identify problems, but we cannot give you advice specific to your case. Make sure you protect your valuable rights!
Timothy Belt agrees with this answer
1 user found this answer helpful
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.
