Husband on methadone for 3 1/2 years for lower back pain. Dr took him off, be cause I went with him to his appointment and he had to answer all the questions right about how he was doing. never explained withdrawals to us in February of 2010. Had back surgery unsuccessful He was awarded 20% physiological PPD disability and 12% physical PPD in Sept of 12 from work-comp along with ongoing medical treatment. Steady constant cognitive and memory decline, inability to focus stay on one task, enjoy life, impotence. it was and is horrible to be losing him so fast. Mood swings, unsocial. He has never been the same and is getting worst FAST in a years time. Had Neuropsychological tests 1 year ago having another one. Recent MRI brain fine. Work-comp attorney receive money any has never helped.
Typically, workers compensation is your exclusive remedy in Wisconsin. This means that you cannot sue the employer for the psychological injuries. That being said, if the doctor committed malpractice, you may potentially have a claim against the doctor. But just because you may have a claim against a doctor, does not mean that an attorney will take the medical malpractice case. That is because medical malpractice cases in Wisconsin are incredibly difficult to prove and incredibly expensive to bring. Please see the link below for more information.
Objectivity, and assuming your facts are accurate, your Husband appears to have some form of brain injury, based upon the cognitive and personality decline and emotional issues. MRI's especially older less sensitive machines are not always good diagnostic indicators of TBI. He may need more sophisticated scanning or imaging like SPECT or PET scans. or DTI's. He should be seeing a neurologist and be referred to a neuro psychologist for a workup and neuropsych evaluation. What is the basis of liability as simply being on methadone is not connected to a liability event in and of itself?
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