Two years ago I had an accident at work, the doctor from working compensation sent me back to work doing the same duties despite my complaints for the pain in my right ankle.
After 5 months under his medical observations, he saw me in 4 opportunities, X ray, and only pain killers, and doing the same heavy duties at work, he told me I need a surgery. So far, he made 4 surgeries on me.
Four months ago I had been released by the doctor from working compensation but my right leg is not the same I still have some minor problem. Three months ago I had been fired and now working in another place.
Is this a medical malpractice?
Pamela Jean JohnsonWorkers' Compensation LawyerFreehold, NJ ·
Good afternoon.
In order to know if you have a medical malpractice case that is worth pursuing, you would need to bring your medical records to a med mal attorney. That attorney may need to submit your records to a medical expert for review before giving you an opinion.
If you did not pursue all of your workers' compensation benefits by filing a Claim Petition and receiving a settlment in compensation court, you should seriously consider consulting a workers' compensation attorney. Workers' comp attorneys generally do not charge for consultations. You have two years from the date you last received a benefit (such as medical treatment) to file a workers' compensatio claim. Any money you receive would be tax-free.
Good luck in your new job.
It is difficult to say whether this is malpractice without looking at the records. Having you go back to work with no restrctions and then performing four surgieries on your ankle sure sounds like a mistake, but the question is whether this caused you permanent harm. Another question is whether the damages warrant the time and expense of a medical malpractice litigation. Finally, you have two years from the date you knew, or should have known that a doctor did something wrong to file a medical malpractice case in New Jersey, so there is a statute of limitaitons issue. Again, an attorney would have to look at your medical records to determine whether you can overcome that defense.
Lars A. LundeenPersonal Injury LawyerRutland, VT ·
What you describe does not appear to be medical malpractice. Did you have an attorney represent you for your workers compensation claim? You may want to speak with a workers compensation attorney to see whether or not you have been treated appropriately under the workers compensation statute.
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