Misdiagnosed for 4 YEARS by workers comp drs atty retired!!!

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Misdiagnosed for 4 YEARS by workers comp drs atty retired!!!

Postby hurtedbad » February 24th, 2008, 10:22 am

My case is in the state of California and very complex. Injured upper extremities, several surgeries performed, also diagnosed as having chronic back pain/stomach problems secondary to pain meds. Pain was always in my right scapular area, very severe as well as severe stomach pain.

Ortho doctor treated with vicodin, soma and prilosec for stomach pain. After increasing pain and no relief with physical therapy, he sends me to a pain management specialist. I'm treated by the doctor's physician assistant (never met the doctor for 18 months!). Eventually, medicine is increased to norco #60/vicodin ES #120/Xanax .50mg #90/Halcyon #30 per month. I became increasingly depressed due to the pain and started having panic attacks and was unable to sleep due to severe pain.

1 suicide attempt later and 2 trips to rehab (became dependent, never took for recreational use), I had to have emergency surgery due to my gallbladder hemorraging (spelling???), also contained 2 of the largest stones the surgeon had ever seen. After surgery, chronic back pain is completely gone and so is the severe stomach pain, although I still have heartburn. My attorney of 4 years retired and will not finish the case.....

Any recommendations???

I had my first day in court this past Tuesday acting as my own attorney. I was requesting an advance due to the fact that I am not getting any income right now (worked for a city entity that did not pay into social security so I do not qualify for ssi). My attorney had attempted on 2 other occasions to get me an advance with no luck. I was in court from 8:30am until 4:30pm, after hearing everything I had gone through, the judge looked at the opposing attorney and said if it were him, he would be reaching into his own pockets to give me an advance, he then excused the atty and he came back and I got the advance.
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Postby Webmaster » February 24th, 2008, 1:35 pm

Find an attorney and seek a delay if another hearing approaches. Also, seek a delay if paperwork is due.

In over 11 years, I've seen too many workers run over in the process trying to represent themselves.

In most places, an attorney has a professional responsibility to find another attorney for clients when they retire. Since your attorney didn't, it's a bad sign and you should seek one on your own. Contact all you can. Ask but almost all provide free consultations. If you can't find one after a lot of attempts, then go to your previous attorney and ask for a referral.
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Postby hurtedbad » February 24th, 2008, 2:05 pm

My attorney did refer me to a "friend" of his who was 60 miles away. He had no faith in me or my case so I fired him. I've since called just about everyone in the yellow pages and interviewed several; however, I get the same response, "no!" They all also say that it is going to be next to impossible to find someone being that it is so far into my case and my prior attorney will get most of the payout.

While in court the other day, the judge excused himself and called my attorney who retired to see if he would resume the case since he knew it so well and it was so complicated, he said no.

This case is so very complicated, there is a psych, stomach issues that were recorded in doctor's reports, but nobody did anything about it but prescribe medicine. An internist I say over 1 year ago stated I needed several tests, but my old attorney never passed that information along. I had several abnormal tests with him and had that information have been passed along, I feel he would have discovered my gallbladder issue and possibly have prevented it from hemorhagging.
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Postby hurtedbad » March 3rd, 2008, 9:21 pm

Who's responsible for the medical bills if the worker's comp doctor misdiagnoses and treats for 4 years???
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Postby Webmaster » March 10th, 2008, 11:04 am

You may need to sue the doctor. Since it's probably outside your WC claim, you should be able to find a lawyer who specializes in malpractice cases.
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I'm in the same boat

Postby maddaskuf » April 13th, 2009, 1:04 am

Webmaster wrote:You may need to sue the doctor. Since it's probably outside your WC claim, you should be able to find a lawyer who specializes in malpractice cases.


I have also been misdiagnosed by my workman comp doctor and he repeatedly treated me for thing that I did not have and it was painful treatment. I was injected with large needles in my neck, back, shoulder, and ribs. He never cured me after 6 years he finally refered me to an orthopedic doctor because he said theres nothing else he could do to me that he hasn't done already. I begged him to refer me 3 years prior, but he promised that he knew what was wrong with and he was going to fix it. Made me real ticked off if you know what I mean,, I'm seriously thinking about suing him whacha think?
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Postby phoenixlipo » June 14th, 2009, 9:39 pm

hi...

Since it's probably outside your WC claim, you should be able to find a lawyer who specializes in malpractice cases....
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