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Can I sue workerscomp doctors for malpractice if I had footdrop and they fail to diagnose symptoms until 6 months after injury ?

Business 3 views 2 answers
how can you sue the doctors when you had so many different ones the doctor who diagnosed footdrop (a spine doctor) and did surgery(microdiscectomy which was unsuccessful) 8 months post injury do you sue him also? Also if the surgery the surgery was unsuccessfull was it because they waited too long ? how can i prove this?and also do you have to sue before you do a workerscom settlement?

Attorney Answers

2
John Ratkowitz ·
It is hard to answer your question as posed. If you had a foot drop prior to surgery, then I don't think the doctors committed malpractice because earlier surgery probably would not have cured the problem. If you developed a foot drop after the surgery, this might be a malpractice case, but that is not a foregone conclusion. An attorney would have to look at the medical records to determine that. Settlement of the workers compensation case would not impact the viability of the malpractice case. You have two years from the date that you knew or should have known that the doctor did something wrong to file a lawsuit under the statute of limitations.
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