My question involves medical malpractice in the state of: Delaware
I got hurt at work (I drive tractor trailer) back in March. I notified my employer and went to a walk in clinic who did x-rays (showing no breaks or fractures) and referred me to a workers comp orthopedic doctor. I saw the doctor who diagnosed my injury as "a bad sprain." He told me to rest and also do physical therapy, and gave me a referral for MRI scans which were done and reveled bone bruising and tears in ligaments along with nerve damage. I returned to the dr and he said that everything was old and that it was only a sprain, and gave me a referral for a neuro exam (which didn't specify anything. The neurologist needed more info which they wouldn't specify.) I continued therapy (who were told to treat it as a sprain) and was getting worse at which time they stopped and recommended aqua therapy. I returned to the dr for the third time with pains, discoloration, etc and told him what therapy recommended and he said "listen to them. they know better then me. Your injury is just a bad sprain. I dont think your gonna need surgery" He also tried to send me back to work without releasing me. I then got a lawyer and got a 2nd opinion from a doctor who immediately noticed severe discoloration, swelling, saw nerve, ligament and muscle damage(on MRI scan) and he requested EMG tests be done. I went and got the EMG tests done which confirmed my doctor's findings (nerve, ligament, muscle damage.) He then referred me to a neurosurgeon who took a look at everything I had. He said that 1) significant damage to the nerves (they are now dead) 2) significant muscle damage (they are dying) 3) tearing of ligaments (limiting my range of motion) 4) I should have had surgery months ago 5) he doesn't know if surgery is going to be successful at this point.
My questions are:
1. Do I have a case of neglect or misdiagnosis against the first doctor who failed to treat the tears in the ligaments (which were clear and evident in the MRI reports?) Was I misdiagnosed?
2. The neurosurgeon has to "disable" the nerves to alleviate the pain. Am I going to be able to work again?
3. The first doctor never casted or braced my foot & ankle, he basically told me to suck it up. Was this mistreated?
4. Since the neurosurgeon said that this should have been repaired months ago and the first doctor said I didn't need surgery, is anyone responsible for my pain and suffering?
I got hurt at work (I drive tractor trailer) back in March. I notified my employer and went to a walk in clinic who did x-rays (showing no breaks or fractures) and referred me to a workers comp orthopedic doctor. I saw the doctor who diagnosed my injury as "a bad sprain." He told me to rest and also do physical therapy, and gave me a referral for MRI scans which were done and reveled bone bruising and tears in ligaments along with nerve damage. I returned to the dr and he said that everything was old and that it was only a sprain, and gave me a referral for a neuro exam (which didn't specify anything. The neurologist needed more info which they wouldn't specify.) I continued therapy (who were told to treat it as a sprain) and was getting worse at which time they stopped and recommended aqua therapy. I returned to the dr for the third time with pains, discoloration, etc and told him what therapy recommended and he said "listen to them. they know better then me. Your injury is just a bad sprain. I dont think your gonna need surgery" He also tried to send me back to work without releasing me. I then got a lawyer and got a 2nd opinion from a doctor who immediately noticed severe discoloration, swelling, saw nerve, ligament and muscle damage(on MRI scan) and he requested EMG tests be done. I went and got the EMG tests done which confirmed my doctor's findings (nerve, ligament, muscle damage.) He then referred me to a neurosurgeon who took a look at everything I had. He said that 1) significant damage to the nerves (they are now dead) 2) significant muscle damage (they are dying) 3) tearing of ligaments (limiting my range of motion) 4) I should have had surgery months ago 5) he doesn't know if surgery is going to be successful at this point.
My questions are:
1. Do I have a case of neglect or misdiagnosis against the first doctor who failed to treat the tears in the ligaments (which were clear and evident in the MRI reports?) Was I misdiagnosed?
2. The neurosurgeon has to "disable" the nerves to alleviate the pain. Am I going to be able to work again?
3. The first doctor never casted or braced my foot & ankle, he basically told me to suck it up. Was this mistreated?
4. Since the neurosurgeon said that this should have been repaired months ago and the first doctor said I didn't need surgery, is anyone responsible for my pain and suffering?
Medical Malpractice: Hurt at Work and Now on 4th Doctor
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