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  1. #1
    Join Date
    Sep 2019
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    2

    Default Heart Damage Due to Propofol

    My workers compensation claim was made in the State of: Colorado. During my Worker’s Comp. surgery to repair my left knee propofol was used It is subsequent heart block occurred. Months later a correction to the knee surgery led to another more severe heart block. One day postop I was in the emergency room hooked to the crash cart for hours. Had to have a pacemaker installed. Worker’s Comp. lawyers are denying correlation between the surgery in the heart block and subsequent pacemaker. Question, how do I show causation in this instance?

  2. #2
    Join Date
    May 2010
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    584

    Default Re: Heart Damage Due to Propofol

    Quote Quoting OldMarine View Post
    My workers compensation claim was made in the State of: Colorado. During my Worker’s Comp. surgery to repair my left knee propofol was used It is subsequent heart block occurred. Months later a correction to the knee surgery led to another more severe heart block. One day postop I was in the emergency room hooked to the crash cart for hours. Had to have a pacemaker installed. Worker’s Comp. lawyers are denying correlation between the surgery in the heart block and subsequent pacemaker. Question, how do I show causation in this instance?
    Great question......sounds more like a better chance of going after Dr. or hospital?...

  3. #3
    Join Date
    Oct 1971
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    5,035

    Default Re: Heart Damage Due to Propofol

    Question, how do I show causation in this instance?
    You'll need objective medical evidence to support your claim.
    You need to consult a lawyer and have him evaluate your case to see if that's a possibility, there are too many variables to give a simple answer.

    Tony
    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.

  4. #4
    Join Date
    Feb 2007
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    831 East Morehead St., Ste 355, Charlotte, NC 28202
    Posts
    3,754

    Default Re: Heart Damage Due to Propofol

    Under most work comp systems in the US, an injury that occurs during treatment of your comp injury, is part of your claim. The fact that the insurance company has denied it does not mean anything. Find an experienced workers' comp lawyer who tries cases in court, (not a settlement mill lawyer) who will investigate it and pursue it for you. You would need competent medical expert witness testimony to win the issue, but it should be something that can be done.
    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

  5. #5
    Join Date
    Sep 2019
    Posts
    2

    Default Re: Heart Damage Due to Propofol

    Thank you for your response. Any suggestions on doing that?

    Thank you for responding. I will look into that

    So then my lawyer should be doing the footwork to find this connection?

  6. #6
    Join Date
    Oct 1971
    Posts
    5,035

    Default Re: Heart Damage Due to Propofol

    OldMarine
    surgery to repair my left knee propofol was used It is subsequent heart block occurred. Months later a correction to the knee surgery led to another more severe heart block. One day postop I was in the emergency room hooked to the crash cart for hours.
    Thank you for your response. Any suggestions on doing that?
    Suggest it to your lawyer and see what he says, let him deal with it from there.
    You'll have to prove a causal link to the knee procedures and the heart attacks.

    Ask your doctors if they believe the heart attacks are associated with the knee procedures
    If your treating doctors believe the knee procedures are the cause of the heart attacks, they'll have to write that in their reports and be willing to testify to such in a deposition.
    Without your doctors testimony or other objective evidence, you won't have a case - coincidences don't count, they aren't considered "objective evidence"

    Tony
    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.

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