Injuries Discovered After Settlement...

by Anonymous
(Massachusetts)

My husband had a slip and fall at work and broke his wrist. He fell down two flights of stairs. The pain in his wrist and arm was intense, but after tons of tests the doctors still couldn't find anything wrong. We went without being paid for over a year due to his injury. My husband settled the case at advise of counsel for $12,000 dollars.

About a month later the doctors were able to diagnose the damage in his arm and he had ulnar nerve relocation surgery. At the follow up appointment after surgery the doctors also discovered damage to his neck. He has since had two neck surgeries and will need surgery on his lower back in the next year.

He will never return to work and social security disability pay is pathetic. Is there any way to sue the workmans comp insurance for injuries not diagnosed in the first case? The injuries weren't discovered until after his first case was settled. Thanks.

Visitor Question:
Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always get a formal case review from a licensed attorney in your area.

ANSWER for "Injuries Discovered After Settlement...":

Anonymous (Massachusetts):

If the case has already been settled there isn't anything you or your husband can do about the workers compensation problem. It is unfortunate, but also curious during the entire year of tests your husband's injuries went undiagnosed. That would mean one of two things. Either your husband suffered an injury post-employment, or the doctors committed malpractice.

If you are confident the injury is indeed a work related injury then it would seem the doctor or doctors failed to diagnosis the injury. Instead of looking to the employer for compensation, your husband should be focusing on the doctors' possible medical malpractice. For the doctors to miss an ulnar nerve injury is to say they missed the obvious.

Something just isn't right about the entire set of facts. You don't live in a remote region of the country. You and your husband live in the State of Massachusetts. Massachusetts has some of the most competent and successful doctors in the world.

It is mind boggling to believe your husband's injuries went undiagnosed for over a year. Your husband's best bet would be to contact a medical malpractice attorney.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

P.S. Please help us out by sharing this site...

Click here to post comments

Return to Work Disability Questions

How Much Is Your Claim Worth?

Find out now with a FREE case review from an attorney...

How Much Are Your
Injuries Worth?

Find out with a
free attorney review:

TYPE OF ACCIDENT
AUTO ACCIDENT
PERSONAL INJURY
WORKERS COMPENSATION
MEDICAL ERROR
YES! I WANT FAIR COMPENSATION