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I would like file a complaint or lawsuit against Worker's Comp Company Dr's office for neglience ?

Savannah, GA |

I was referred by the worker's comp doctor to another doctor for a second opinion 11/10/2008. For 7 months both doctor 's office and worker's comp representive have been giving me the run around and I feel that both parties have shown negelience. What can I file concerns this situation.

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Attorney answers 3

Posted

I'm licensed in Illinois, but the workers' comp laws in most states allow you to request an independent medical exam if you disagree with your treating doctor's decision. Often there are even further steps you can take, such as making a formal request to change doctors. I would recommend consulting with an attorney before going forward. Find someone experienced and local, and ask for a consultation.

Posted

That doesn't sound like negligence, but more information is needed, of course. I would work with a local workers' compensation attorney to try and get a change in physician or pursue other options. I can assist if you'd like...despite being in Atlanta, I have cases in SE Georgia where you are, too.

Posted

In order to sue a doctor, you have to show a doctor committed negligence and violated the standard of care of all "reasonable" doctors. In addition you must have damages due to their negligence. Medical negligence cases are hard fought and defended.

You have certian rights under workers compensation. One example is you can request a change in physcians or an IME (independent medical exam).

You need a workers compensation lawyer.
You may want to contact the local bar for a reference.

Good Luck

Make it a great day!
Howard Spiva

The Spiva Law Group does not represent insurance companies and for 25 years has been dedicated solely to the representation of individuals who are injured and their families. www.spivalaw.com

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