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

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 there lack of duty of care here?

1 Lawyer Answer
Glenn Neiman
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  • Workers' Compensation Lawyer
  • Warminster, PA
  • Licensed in Pennsylvania

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

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