Negligent care resulting in missed diagnosis and lost wages and retirement for 3.5 years. Went to a private doctor after almost 4 years, had a diagnosis and surgery withing 35 days.
There may be a statute of limitations bar to any claim arising from the facts as posted. Your WC attorney may or may not be able to also prosecute such a claim. Have a discussion with her and if not, use the Avvo Find a Lawyer tab to locate excellent candidates for your consideration. Best of luck.
Dr. Zaheer A. Shah, MD, JD (Attorney and Physician): The author of this answer is an Attorney-at-Law, licensed to practice law in the state of Arizona and he is a board certified, Ivy League trained, practicing physician. Nothing posted on this forum by the author constitutes legal advice. Additionally, any medical opinions rendered on this forum in response to a particular question do not constitute medical advice. Opinions expressed herein are solely those of the author, and are neither privileged nor confidential. While an effort is made to offer accurate information, there is no guarantee as to accuracy.
You need to consult with an experienced medical malpractice attorney. The statute of limitations for medical negligence is 3 years from date of treatment, or one year from date of discovery, whichever is shorter. With a missed diagnosis, supported by your present doctor, you may not have a statute problem. Get a copy of all your medical records and consult with a medical malpractice lawyer. You can also consult with your workers compensation attorney, but he may not have medical negligence experience.
Call a local medical malpractice firm, and/or confer with your current lawyer to fully explore the issues. However, many lawyers will not provide consultations to people who already have legal counsel, so talk to your current lawyer and then the med. mal. firm so you can provide them with his/her feedback.
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