Is my doctor Liable?

What is the name of your state? Texas
I was involved in a auto accident wile at work in Janruary. I was pinned in my work van and had to be cut out. All of my ribs were bruised and I had a bruised lung along with a concussion. I was off work for 2 weeks and did not get around too much during this time. wile taking a shower I noticed my lower right leg was swolen. All along I had a slight pain in my knee but it was so slight i never mentioned it. So I go to see my doctor. He looks at my leg, gives me some inflamitorys and sends me home. 2 Weeks after that I went back to my doctor with no improvement to my leg. He tells me sometimes these things take a wile to heal so go home and if it gets worse come back. 2 more weeks with no improvement, I go back. Now i want a refferal to a specialist. (HMO) so about 2 more weeks go by and the doctor I was refered to calls me and says my workres comp will not pay. I am waiting on a hearing with Texas Workers comp. with no attention to my leg. Is it not my primary care physician's responsibility to see that I get prompt attention to my injuries no matter if workers comp pays or not. I have insurance otherwise. Also, My doctor sent the workers comp insurance company a letter stating that he felt the injury to my leg was from the accident. But they still refused to pay. THey are not doctors. So I am still sitting here with a swolen leg. What should I do wile waiting on this hearing. My wife says to call a Lawyer but i don't know if I have a case.

[ellencee]

Brian H
Your wife is right; you need an attorney to handle the worker's comp claim and your need for further treatment.

Your leg has been injured for nearly five months and has gone without proper medical evaluation and treatment. In some injuries, that can reduce the chances of complete healing. I recommend that you use your personal insurance and get your leg treated ASAP.

In the meantime, get that attorney and let the attorney handle all the aspects of worker's comp, insurance payments, etc.

Best wishes,
EC

Ellencee is right. Get a work comp lawyer. Then ask him to send you to a malpractice lawyer. The malpractice lawyer can use the information the work comp lawyers gets and work with him, thereby helping you in both cases. The first doctor should have at least X-rayed that leg. He is responsible for the treatment of all the injuries, or to send you to specialists for the injuries he felt incompetent to handle. Lawyers are accustomed to working this way.

[HomeGuru]

And of course Jack is right.

I'm not always right. But this time I am sure I know what's right.

everyone is correct. you want to get an attorney who handles workers compensation claims as well as an attorney who handles personal injury claims. either should be able to help with the medical situation. moreover, even though you are collecting workers compensation as the injury occurred while on the job, if the other driver was at fault for the accident you should be able to maintain an action against him after which time the workers compensation carrier will be reimbursed (they will assert a lien in the third party case which will also be paid by the insurance company for the individual who hit you). Finally, while there may or may not be malpractice on the part of your doctor, you should first get to a doctor to determine what is happening with your leg. even if it turns out that there is malpractice, that should be covered under the personal injury claim as the law recognizes the that it is forseeable that after being injured one could suffer further injuries as a result of the care provided. the workers compensation carrier will authorize and pay for th treatment to your leg or, if they wont, your attorney can file an application with the court. If you would like a referral to an attorney in your area, please feel free to contact me.

Harris C. Legome, Esquire
Wallace & Legome
129 West Evesham Road
Voorhees, New Jersey 08043
856-428-5500