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  1. #1
    Join Date
    Feb 2019

    Default Possible Wrong Diagnosis

    My workers compensation claim was made in the State of: TN. If the primary doc diagnosis was incorrect and the primary cause of my and discomfort was not caught and treated, can the primary doctor be sued for malpractice?

  2. #2
    Join Date
    Oct 1971

    Default Re: Possible Wrong Diagnosis

    Probably not - you'd have to proof all of these ifs, even then, that may not meet the standard for malpractice.
    Find something else to do.

    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

  3. #3
    Join Date
    Feb 2007
    831 East Morehead St., Ste 355, Charlotte, NC 28202

    Default Re: Possible Wrong Diagnosis

    If you have $150,000 or so laying around to pay the litigation expenses of the med mal claim, sure. But odds are, even if negligence occurred, your damages are nowhere near sufficient to warrant such a claim.
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney and Board Certified Specialist in NC Workers' Compensation Law

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