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Can I file a complaint against a doctor if I have a open worker's comp claim?

Atlanta, GA |

I was told that just because I may have a misdiagnosis doesn't mean I have a malpractice case unless I suffered permanent damage. According to the state of Georgia's Patient's Bill of Rights, I do have a right to complain to the medical board. I was recently made aware that the facility my employer uses had several co workers visit and diagnosed with the same injury and prescribed with the same medication for similar symptoms. I was told by a treating medical professional that the diagnosis I was given "made no sense". My complaint is, I didn't feel my symptoms were not taken into account and I have suffered for over a year because I was not treated properly. I presume I have a right to complain however I feel my condition was neglected. Could their investigation yield a civil suit?

Attorney Answers 9


  1. Best answer

    I am an Atlanta lawyer and have done a lot of medical malpractice work. Pretty much everything the other lawyers here have said is correct. I would be willing to take a look at your records and talk with you if you wish. But pretty much everything said here is true. This does not mean you don't have a claim nor that it shouldn't or couldn't be pursued It just means what it says.


  2. Depending on the severity of your injury due to the misdiagnosis, you may have a viable med-mal case. Problem with medical negligence cases is the fact that they are very expensive to pursue. Please contact a lawyer in your area that specializes in medical negligence cases.

    The information offered herein by NEDIM RAMIC is not formal legal advice, nor is it the formation of an attorney client relationship. In order for our firm to be considered your attorney there must be a signed agreement between the client and the firm.


  3. You may have a viable malpractice case. Here are things to consider. Malpractice cases are expensive to pursue because of the need for expert medical testimony to say that your doctor breached the standard of care. Thus your case must have a sufficient injury value to make it economically feasible to proceed. Your should review this with a lawyer that specializes in medical malpractice.


  4. Look you live in a T people state. The attitude of the legislature and the people who voted them in are firmly against medical negligence lawsuits which they feel are "all" frivolous. I would bet that if asked you also would say there are just too many frivolous lawsuits filed which hurt doctors, which make medical care higher and hurt "legitimate" cases of medical malpractice. Am I right? THat's how you feel? Well, you are then part of the problem, since none of that is true. Many of my clients feel the same way. They think everyone else's case is frivolous except their own.
    That's the reality. These cases because of those attitudes are very risky for an attorney to take. So even when I have a potential client with an "injury"--something I wouldn't want to have or would want anyone in my family to have--an injury that was predictable, obvious and most of all preventable I often have to turn that case down. Those risks when coupled with the enormous expense make pursuit untenable.
    A complaint to medical board, typically controlled by the same right wing "nuts" will produce little. Any finding favorable to your position on the medicine will not all of a sudden make this a case that a lawyer who did not want the case in the first place because of the nature and extent of the damages would want to now take. Changes, whether this is the most efficient way or not--in the medical care that will protect patients comes from what Republicans claim to support--the free market. Lawyers who bring cases that juries who are not tampered with by insurance companies, doctors, big pharma, and the Republicans can usher in changes that doctors or medical boards can't seem to accomplish.
    This is a "legal" analysis--this is not a political statement.

    If you feel this is the "best" answer or is "helpful," please indicate. Since I am limited to the information you provide, I cannot guarantee the accuracy of the answer. You should seek the advise of an attorney who can explore all aspects of your question. This communication does not form an attorney client relationship.


  5. Unfortunately what most have said is true. Med mal claims are very difficult in Georgia and very expensive. I recommend consulting a medical malpractice specialist to be sure.


  6. Pull your medical chart and schedule a consultation with an attorney right away. Take your medical records with you to the appointment.

    The information provided herein is for informational purposes and should not be construed to establish an attorney client relationship. To establish such a relationship, the prospective client would need to meet with me in person, and have a detailed discussion about all the facts and circumstances surrounding your case.


  7. Pull your medical chart and schedule a consultation with an attorney right away. Take your medical records with you to the appointment.

    The information provided herein is for informational purposes and should not be construed to establish an attorney client relationship. To establish such a relationship, the prospective client would need to meet with me in person, and have a detailed discussion about all the facts and circumstances surrounding your case.


  8. Discuss it with your wc lawyer


  9. The fact of a misdiagnosis does not necessarily give you a viable medical malpractice claim. Such claims are comprised of a clear deviation from the standard required of the physician and a causal connection to real damages. The existence of a deviation must be established by a medical practitioner in the same area of medicine as the physician who might have been negligent. It would be advisable to speak with an attorney who is well schooled in such matters. I have handled many medical negligence matters and would be happy to speak with you. And, please remember, as with all civil matters, there is an applicable statute of limitations - failure timely pursue your claim within the statutory period will preclude you from successfully bringing the claim.

    This answer is for general purposes only and does not create an attorney/client or confidential relationship which can only be created by a written and signed retainer agreement.

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