Visitor Question

Injuries Discovered After Settlement…

Submitted 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.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Anonymous,

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 a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: February 13, 2012

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