My question involves malpractice in the state of: Nebraska
Hello,
In October 2014 I was asked by my employer to take a shift in group home sitting for a mentally challenged youth. This was not part of my job description but they pitched the shift to me as simply sitting with him and making sure his needs were met as they were short on staff. During my shift with the youth I was attacked by him very severely for over 2 hours. The house was destroyed and in the process I was kicked in the leg very hard. After the incident I was told the youth had a severe history of violence and had harmed a staff member very badly ( hence the opening in the group home) The workers compensation company for my employer immediately began dismissing my claims of pain in my leg, saying I would probably feel better in a few days and It was probably nothing. I went to the ER the night of the incident and insisted on seeing an orthopedic doctor. They would not let me choose the doctor and send me to an orthopedic clinic of their choice and right away I noticed the doctor was refusing to believe that my pain was real and could be caused by anything specific. I demanded getting an MRI and finally 4 months after the initial injury they granted my request. The orthopedic doctor then told me my MRI was "unremarkable" and there was nothing wrong with me and closed my case. I continued to have major pain in my leg and hip and I then asked for a copy of the MRI disc. The workers comp adjuster refused to give me the disc but luckily the hospital who did the MRI agreed to give me a copy and I took it to another Orthopedic hospital in the same city. This doctor pulled up the images and told me immediately he saw a labral tear in the images of my hip. He said he could not only see where the tear was, but that my bones had rubbed together long enough to produce pieces of bones that came off. I then hired an attorney with this new information and in august 2015 I finally got the surgery to correct the problem, almost a full year after the initial surgery.
My currently WC attorney says I do not have a malpractice case against the original orthopedic doctor, saying if we filed a claim, most likely we would lose. I dropped the idea for the past few months but this past february I found out I had to have a second surgery to fix additional problems the first surgery didn't cover, due to how long I walked on an injured leg while workers comp kept denying me. I decided I would post to this forum and try to get some other opinions on the matter. I can't believe there is nothing I can do when this doctor so blatantly tried to prevent me from getting treatment in support of the insurance company. thank you for any replies and information you can provide me.
M
Hello,
In October 2014 I was asked by my employer to take a shift in group home sitting for a mentally challenged youth. This was not part of my job description but they pitched the shift to me as simply sitting with him and making sure his needs were met as they were short on staff. During my shift with the youth I was attacked by him very severely for over 2 hours. The house was destroyed and in the process I was kicked in the leg very hard. After the incident I was told the youth had a severe history of violence and had harmed a staff member very badly ( hence the opening in the group home) The workers compensation company for my employer immediately began dismissing my claims of pain in my leg, saying I would probably feel better in a few days and It was probably nothing. I went to the ER the night of the incident and insisted on seeing an orthopedic doctor. They would not let me choose the doctor and send me to an orthopedic clinic of their choice and right away I noticed the doctor was refusing to believe that my pain was real and could be caused by anything specific. I demanded getting an MRI and finally 4 months after the initial injury they granted my request. The orthopedic doctor then told me my MRI was "unremarkable" and there was nothing wrong with me and closed my case. I continued to have major pain in my leg and hip and I then asked for a copy of the MRI disc. The workers comp adjuster refused to give me the disc but luckily the hospital who did the MRI agreed to give me a copy and I took it to another Orthopedic hospital in the same city. This doctor pulled up the images and told me immediately he saw a labral tear in the images of my hip. He said he could not only see where the tear was, but that my bones had rubbed together long enough to produce pieces of bones that came off. I then hired an attorney with this new information and in august 2015 I finally got the surgery to correct the problem, almost a full year after the initial surgery.
My currently WC attorney says I do not have a malpractice case against the original orthopedic doctor, saying if we filed a claim, most likely we would lose. I dropped the idea for the past few months but this past february I found out I had to have a second surgery to fix additional problems the first surgery didn't cover, due to how long I walked on an injured leg while workers comp kept denying me. I decided I would post to this forum and try to get some other opinions on the matter. I can't believe there is nothing I can do when this doctor so blatantly tried to prevent me from getting treatment in support of the insurance company. thank you for any replies and information you can provide me.
M
Medical Malpractice: Workers Compensation Medical Malpractice
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