My husband felt a sudden snap in his arm while working. He reported it to his supervisor, and requested to go see the company doctor. He went to the company doctor and they looked at his arm and said it looked like he had a torn bicep tendon. That Doctor sent him for an MRI within the week.
The following week the Doctor read the MRI report and said all of his bicep tendons were intact and he could return to work.
Concerned about the deformity in his arm and loss of strength, my husband went to his own Doctor for a second opinion the following week. Upon seeing my husband’s arm, his Doctor immediately said that his Bicep tendon was torn and immediately referred him to a specialist.
My husband went to the specialist the next day, and the specialist looked at my husband’s arm and the MRI reports, and diagnosed him with not only a bicep tendon rupture, but also a rotator cuff tear in his shoulder. He scheduled my husband for surgery 2 days later because he said with this type of injury timing is of the essence. It must be corrected within 3 to 4 weeks, or it may be irreversible.
My husband had surgery 2 days later, and the surgeon was unable to fix the tendon because it had retracted to a point where it couldn’t be reached because so much time had gone by. Typically with this type of injury, significant amounts of strength is lost in the arm if the bicep is not repaired.
My husband’s job is very physical and manual. His future with his job is uncertain because of this injury, which was misdiagnosed and later not able to be repaired. Does he have a malpractice case against the first company doctor for missing the injury diagnosis? Can he get a payout for disability? Thank you.
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.
Your husband may very well have a medical malpractice case against the primary care physician (PCP). If it can be shown the PCP could have readily confirmed your husband’s injures through an MRI or CT Scan, and that the mistake resulted in a permanent injury, then the PCP may be liable.
From the facts you present, the PCP read the MRI and blatantly failed to recognize injuries which would have been obvious to any other doctor in the medical community. As a result of the PCP’s omissions, your husband was unnecessarily and permanently injured.
Medical malpractice cases should NEVER be handled by the victim without legal representation. Doctors rarely, if ever admit to having committed malpractice. To do so would adversely affect their careers, including future income and prestige in the medical community.
Because doctors rarely admit malpractice, you can be sure the doctor will be fiercely represented by an attorney provided by his malpractice insurance company.
Gather copies of your husband’s medical records, including the MRI and any other test results. Fortunately, most med mal attorneys do not charge for an initial office consultation. Moreover, your husband doesn’t have to pay any legal fees, until and unless his attorney succeeds in settling the case, or winning it at court.
Medical malpractice cases require expensive medical expert testimony and pretrial discovery, including depositions, interrogatories, and requests for production. Because of the great expense which must be paid in advance by an attorney, you can be confident an attorney will not accept your husband’s case unless he or she is quite confident of success.
Learn more here: Workers Comp Doctors & IMEs
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney.
Best of luck with your claim,
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