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Thread: Misdiagnosis

  1. #1
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    Default Misdiagnosis

    Normally when there is a misdiagnosis, there can be a suit (to my knowledge) against the offending doctor. However what's the stance when you have a misdiagnosis case in a workers compensation case?

    Just curious.

  2. #2
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    Default Re: Misdiagnosis

    Your question is too broad.

  3. #3
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    Default Re: Misdiagnosis

    Oh ok, let's say the doctor diagnosed you with umm a back injury, and they scanned you and couldn't find one, 9 months later or so they find you have a hip injury, and it damaged your sciatic nerve.

    What would happen then?

  4. #4
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    Default Re: Misdiagnosis

    What were you claiming as an 'injury' that precluded you from performing your usual and customary job duties.
    It would stand to reason if you injured you 'back' you seek treatment as such. Injure your 'hip' those are the symptoms you present with.

    Injury to your lower back, l or s region could be the reason for a sciatic nerve impingement. Hip, maybe, maybe not. Dr's are not ''god's'', not even the Pope is actuall infallable.

    Injury to your back where nothing is out of the ordinary to the spine or disk/vertebra, is generally a soft tissue injury... muscles contract, spasm and pull on the spine.
    There generally would be a specific onset injury to the hip/bone, vs soft tissue as in the back.

    There could be all kinds of reasons for a misdiagnosis, that does not give rise to malpractice though. If that's what your thinking is leading to.
    Talk to another Dr, get a second opinion.

  5. #5
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    Default Re: Misdiagnosis

    Well in the particular case I'm regarding, the patient complained about pain in his lower back and shooting down the leg. Drawing on the stick figure "Where is your pain" the entire thing start at the hip and never touches the true back.

    The diagram was clear about the pain, the description of pain suggested a hip injury according to most text's that I've found. The doctor presumed it was the lower back and prescribed an MRI.

    The MRI came back clean, yet treatment ensued into the back anyways in the form of epidural injections and etc.

    Upon inspection by a second doctor, the injury is found to be in the hip. The ilipsoas and ischial bursae is inflamed and one of them is impinging heavily upon the sciatic nerve.

    The first doctor is responsible for a misdiagnosis and delay of treatment for 9 months. The question is he LEGALLY responsible for his actions?

    To note, the patient insisted to the doctor on several and documented occasions that the injury was in the HIP and was insistent about it not being in the back.

  6. #6
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    Default Re: Misdiagnosis

    There is no penalty for delay in providing treatment or benefits unless you can prove a valid 'unreasonable delay'', and this isn't likely to meet that definition.

    What would you expect to happen in a claim such as you are proposing? It's not malpractice. What is it? Are you looking for the Dr to pay you something for your delay?
    You are talking about the opinion of two different Dr's. And the Dr isn't usually the one doing the actual diagnosis, the Radiologist reading the MRI results does the diagnosis and the Dr relies upon that to formualte a treatment plan.

  7. #7
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    Default Re: Misdiagnosis

    The radiologist said what he was suppose to. He looked at the back. The problem stems from the fact that he should have never looked at the patients back, the MRI should have never happened.

    If a patient says help, my foot hurts, and a doctor prescribes a knee MRI, and it turns out the guys foot is the problem, does not that doctor have to answer for thunderously stupid mistakes?

    Imho the doctor should face some sort of penalty, whether monetary or disciplinary. If a doctor goes against a patients complaints like he's Dr.House and turns up to be wrong. Then I am pretty sure he is legally liable for monetary losses, if not even his license at stake.

    That's what I'm trying to find out. I'm rather sure the doctor is liable in some way, otherwise no doctor would ever have to treat any patient with any accuracy.

  8. #8
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    Default Re: Misdiagnosis

    Only can respond to what you provide. As such, IMHO... unless you have suffered some horrible malady due to this Dr not treating as you think should be the case... you are SOL on this. If you stayed with this Dr for 9 months w/o raising lots of hell...the arguement will be you are just as responsible as the Dr... You are not going to see money out of this unless you have lots of cash to throw into a malpractice claim.
    What did you do to mitigate any potential loss...

    Im not saying you are wrong, or the Dr is totally in the right. You are posing a scenario and asking for feed back. If you think there is a claim here...talk to an attorney and determine the merits. There is no legal advice on a message board.

    What have you suffered more than some loss of time..? If you are seeking pain and suffering... you already know that is not an option in WC.

  9. #9
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    Default Re: Misdiagnosis

    Yes but the underlying question is does this stand outside of WC, would the patient have a personal case against the doctor.

    And yes there was plenty of hell raised and lots of arguing about where the injury is or was.

    In the event the patient repeatedly tries to tell the doctor(s) that they are looking in the wrong place, and I know WC doesn't allow Pain & Suffering, but would the patient have a lawsuit or be able to contact any disciplinary board against the doctor(s) in question.

    Seems something is amiss.

  10. #10
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    Default Re: Misdiagnosis

    It doesn't have anything to do with WC. Dr is a Dr. File your complaint with the State Medical Board.
    If you want to move further, talk to a medical malpractice attorney. Take your check book with you.

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