Is this Medical Malpractice?
At the end of June I fell and hurt myself. I stretched a few days after that and it got worse. I have a pinching feeling in my back between my shoulder blades and numbness, weakness and pins and needles sensation in my right hand. It is spreading to my left hand now.
I spoke about this to my Primary Care Physician at and he responded with, "you're getting older and that's what happens." I told him that if he won't treat me he should send me to a specialist like at the spine clinic. They sent the wrong information to the clinic they told them I had chronic pain.
After straightening them out and telling them it isn't for chronic pain it is for a new injury. They refused to treat me because they didn't have any X-rays, MRIs, CT scans, etc. My doctor doesn't want to send me for those things because he claims its a waste of time. I have been on pain medications since 2000 or so and this doctor took me off my meds.
Since then I have not been sleeping well and I'm mostly stuck in bed in too much pain to move. Please let me know what I can do.
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ANSWER for "Is this Medical Malpractice?":
I am a little confused and hopefully you can provide more information to clarify: On one hand, you stated that you did not have chronic pain yet on the other, you stated that you have been on pain medication since 2000 (which would indicate chronic to some extent).
I do understand that this is a new injury, however it is important for any doctor treating you to get your complete medical history including any previous issues. While this does not necessarily damage your claim for your injuries that occurred in June, it is still relevant.
In the law, there is a theory called "egg shell thin skull" which stands for the proposition that even if a plaintiff is fragile, older, injured, etc., the defendant takes the plaintiff as they come. If a pre-existing injury was exacerbated by a new accident, you are still entitled to compensation.
What you may wish to do is find a doctor or chiropractor who works on a lien. This means that they will wait until you are finished treating to request payment. Once you find a qualified doctor, they will refer you to the specialists needed.
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,
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