TWCC hiring impairment rating doctors with no malpractice insurance

What is the name of your state? Texas
I was sent to a TWCC contract doctor for a second impairment rating, and he raised my left leg in the air, all the time that I was complaining of severe pain in my lower back. He lowered my leg and did the same straight leg raise again to my left leg, this time I felt a popping sensation in my lower back. I was recuperating well after my second back surgery, but immediately after I left this doctor's rented office space I have started having severe back pain that radiates down my left leg. My nuerosurgeon calls it a nerve root stretch injury, and there is basically nothing to about it , except live with the pain. I cannot sit for long periods of time, stand for long periods of time, or walk very far without feeling pain. My doctors tell me that I can never return to my emergency room work. When I reported this to the Texas WCC I was told that the state of Texas was not responsible for this doctor. What is there to do?

Hi mdmgecko. I'm not familiar with TWCC. There's a writer on the workman's comp forum (cbg) who is familiar with workman's comp laws, etc. You may want to post your question over there, also, and get some feedback from her if she doesn't see this note here and add something. You need to give more history, though. WIth what you have given, this is what I have to say about it with respect to the "medical" part.

With two back surgeries and not nearly enough information regarding the history on those surgeries (or your medical history otherwise), it would be impossible for someone on a forum to evaluate your situation and/or give an opinion as to whether this doctor's assessment of your leg function was contraindicated. What was your back surgery for? Herniated discs? Lumbar? What kind of operation(s)? Did you suffer an injury on the job? There's just a whole lot of info missing. What makes you think this examining doctor has no malpractice insurance?

Regardless of the missing info -- are you saying that the leg lift was contraindicated (or do you feel that it was)? If you feel that the pain you are experiencing in your leg now is the fault of the physician who did the leg lift (i.e. it was "contraindicated") you would clearly need to speak to an attorney because there are many, several, bunches of healthcare providers involved here with your back -- from the surgeons on down to the WCC doc, and it also involves labor law.

To manage this ongoing pain you're having, you need to keep seeing the neurosurgeons who performed your surgery (or who are following you in their office) and advise them you are in pain and follow their recommendations. With lumbar surgeries, pain radiating into the leg is not uncommon, and there are treatments they can recommend to help you with this problem. It could include bed rest, strengthening exercises, PT, medication, etc. You need to be seen for the leg pain, and if you haven't -- you need to explain its onset and then keep being seen for it.

You have a complicated issue that -- if you want to pursue it down legal avenues -- is going to require face to face with WC docs, neurosurgeons, and lawyers (lions, tigers, and bears -- Oh My! )

Best of luck to you. If I can give you anymore info regards your leg pain, feel free. Look for cbg on workman's comp forum, too, or just post your note over there so that a workman's comp person can read it and respond. There will be certain steps you must follow within a certain period of time if you want to pursue this. Find out what those steps are (I don't know -- other than to advise you to see an attorney).



hmmbrdzz

To hmmbrdzz, thanks for the reply I had been working with this particular hospital for thirteen years, and I injured my back preventing a patient from falling. I have had two back surgeries, I herniated discs L-2 thru S-1, the first one was a laminectomy, which really didn't help, and the second was a fusion done from L-2 thru S-1 with rods and screws,and a bone growth stimulator implanted. TWCC wanted me to have an impairment rating done, and with this being my first impairment rating, I got to chose who I wanted to go and see, so I just kind of asked around and I got a doctor's name from an aquantaince of mine. When I went to see him I was getting around slow. but I was making progress as far as pain, and pain medicines not being taken as often. He gave me a 37% impairment rating, which according to my personal care physician, and my nuerosurgeon was a very high rating. Well, needless to say TWCC thought that, that number was to high, so they ORDERED me to go and see one of their doctor's, when I went to see him, and he did what he did everything started going downhill. I had to start taking meds for
pain again, and I even have to visit the emergency room sometimes because the pain pills don't work. Don't get me wrong the injections for pain come far and few in between.
I don't want to get dependent on medicines, so sometimes I just lay around and cry. I have continued to see my nuerosurgeon, and he agrees with me that the contract doctor did hurt me, but the damage that was caused probably cannot be fixed, and besides I don't want anymore surgery. I retained a lawyer, and at first he was real gung ho about the case and then all of a sudden he says that he found out that this doctor doesn't have any insurance or property really to speak of. He recommended that I just forget about everything, and just live with all of this.
I had a real hard time with this, because Twcc shouldn't be so careless as to hire doctor's without medical malpractice insurance.
I'll never get to return to the work I really enjoyed, and this old man is probably out there hurting other people that are trying to recuperand workman's doesn't even care, What a system. My lawyer adviced me that I wouldn't get anywhere trying to take Twcc to court. Thank you.

Sounds like you had some pretty heavy duty surgery. I wouldn't hesitate to contact another attorney -- especially since they required you go to a doc who wasn't insured and who was going to be lifting on your leg (and since the neurosurgeon has implied this leg lift maneuver may have "done it"). Leg lifting can be contraindicated post op LS spine surgery, and it sounds like it was possibly contraindicated in your case.

I may be out of line in thinking so or saying so, but I thought malpractice insurance was mandatory for any practicing physician. (But then again, I'm not familiar with workmans' comp or their docs used). Personally (or professionally), I don't think I would be satisfied with this "no insurance" explanation until I found out directly from the medical board if this doc was or was not insured, and if not -- I would want to know why not and what was going to be done about it. (Easier said than done, huh?) Maybe Jackschroder will respond to shed some light on the malpractice insurance part and who you can call, who you can get some answers from, etc. Hang in there. You may also want to try calling TWCC and asking to speak to their Risk Management Dept to find out why this doc has no insurance. And call some more law firms.

Best of luck to you.


hmmbrdzz

You need to find a lawyer who will go after this last "doctor". You will probably find that he is not an orthopedist or a neurosurgeon, and likely that his license has been in question. Unfortunately if this guy has no insurance and no assets, a lawyer will shy away from your case. You can ask the lawyer to help you file an "in pro per" case. and that way you will make a record of his lousy care. In the future if another lawyer goes after this guy, he will talk to you and get some of your records, and maybe if this happens often enough the Board of Medical Examiners will defrock him. That is your goal. You will never get money out of him,.