Misdiagnosed or Misrepresentation of Attorney?

[candycane64]

What is the name of your state (only U.S. law)? AZ

I was diagnosed eleven years ago with carpal tunnel syndrome. I filed a Workman's Compensation claim and secured an attorney to handle my claim on a contigiancy basis. I had heard of this syndrome and had been doing data entry for a company for a company, of which I just was rehired for temporary position, part time.

I had no idea what I was in store for as far as time off work, physical theorpy, surgery, process of a workman's comp claim or legal ethics.. basically dumb as a rock about it all.

I was under the impression my attorney was looking out for my best interest as the medical professionals were looking out for my health.

I think I was mistaken on both, the medical professionals I saw where mostly trying to prove what I didnt have, and the attorney I had didnt care about my best interest just the 25% involved.

In the end I didnt have carpal tunnel syndrome, it was something more life threating. Malipractice of numerous dr.'s? The EMG'S showed the nerve was fine but the dr.'s ingored the results.

Instead of me getting my hands fixed and compensation for loss wages and her pay .. she informed me that state fund was willing to give a small cash settlement.

I was unable to contact my attorney for a long time, then I was informed my case had been closed and my attorney no longer working.

 

[Dandy Don]

What were you eventually specifically diagnosed with?

Your mistake may have been to hire a workmen's compensation attorney, although it is understandable that you did so. Only a personal injury attorney can tell you whether these doctors were guilty of malpractice.

And please give serious consideration to perhaps finding another line of work, since data entry may only continue to aggravate the condition you have.

If you did not pay this attorney a retainer when you hired her, be glad to move on to someone else.

 

[candycane64]

I was diagnosed with a rare blood disease called Polycythemia Vera and very active Rheumatoid Arthritis. All the main weight bearing joints are affected, and the blood disease has to be constantly monitored, and bled out when nessacary.

The attorney that handled the Workman's Compensation was also approved to do Social Security Disability. I origanally felt the Workman's Compensation Attorney should have filed for the disabilty had we had a correct diagnoses, and the correct tests been conducted that were suggested.

If I had not lost contact with my origanal attorney the time line would have been significantly shorter making my debts and damage done to my health a lot less. However, I still dont understand why I cant be awarded for this loss considering this was not an error on my part.

 

[Dandy Don]

It's hard to tell from your posting whether you lost your workmen's compensation case or whether you lost your Social Security disability case. If it was the Social Security disability case, aren't you entitled to appeal that?

 

[candycane64]

Part 2:

I tried other occupations, I could not seem to do much without my hands or feet swelling. Then I got really ill, there was no getting around the fact that I was in serious need of medical attention. This is when I was sent to oncologist and they diagnosed the blood disease and the rheumatoid followed shortly after. I am also suffering from Macular degenerative eye disease probably secondary to the blood disease...

The workman's comp claim was filed in 1998, I filed for SSDI in 2005and was denied then they had the reconsideration, denied... then hired another attorney and before the hearing Tuesday and was I offered SSDI and back pay to 2006.

I felt my attorney hadnt even read my file, he was unaware that this had been a long grooling battle since 1998. He had his procedure and he wasnt going to wander off that path ... told me to take the offer ... I said no ....he explained to me that I really didnt have anything substancial before 2006. At that point I knew for sure he hadnt even read my file.

He was looking at an easy 5300.00, knew I was eligable. I would be lying if I wasnt tempted to take it. After the attorney reluctantly flipped through my file, he notices all the other documents I had faxed and tracted down.. and the hearing was somewhat ackward due to him not being prepared.

He explains to the judge that further documentation shows I was ill back in 1998 and can produce the documents to back that up. The judge gave him til nov 14th to get the workman's comp information and dr.'s reports.

As we were leaving, he told me how I had made a good point and we would get together and compile the rest of the records. Still points out how i will only be compensated back at the most 2004...

I would just like to know who is accountable for this... medical ....legal blunders.. I have been living off of thin air for 11 years, the icing on the cake is he said I wont recieve the money in one lump sum... ... ack!!!!

 

[Dandy Don]

You rightfully disagreed with the offer of settlement but all he did was get mad because you didn't accept the offer so he could get an easy payday--there is no evidence of malpractice here. But why did you not accept the offer?

 

[candycane64]

This is the way I view the whole thing; compensation claim or SSDI claim aside, when a person goes to see a doctor it is because they are ill or in pain. The doctors I saw were not interested in finding out what was really wrong with me, they mostly were examining me to prove if I did or did not have carpal tunnel and if it was work related... instead of examining me to find out if it might be something else all together, or if the symptoms i was experiencing where secondary to something entirely different. The test results they did get from the one and only test they had conducted...twice with the same test... they disregarded. Gave me a misdiagnosis of carpal tunnel. Its been eleven years since i filed my compensation claim, i was awarded 2400.00 and had absolutely no relief, in fact I was progressively getting worse.

I sought out medical attention of my own when they closed my compensation case, changed my family physician, and was reluctant to release prior medical records. I didnt want the misdiagnosis of carpal tunnel clouding her diagnosis, because by this time it was clearly not carpal tunnel in my legs and shoulders and neck.

Had they paid attention to their own test results, done a few blood tests or possibly even listened to my symptoms they would have easily discovered it wasnt carpal tunnel. Instead when I explained my symptoms they would roll their eyes; saw it as me being dishonest because my symptoms didnt fall along all the normal guidelines of carpal tunnel.

I also feel that my first attorney should have filed my SSDI when she filed my compensation or at least after they closed the comp case. I hired her to look out for my best interest. In the end state fund was supposed to pay my medical expenses for two years, the tests and dr's visits were all deducted from my lump sum settlement, and of course the attorney, and for being unable to work for the six years this went on $2400.00 isnt squat.

 

[Dandy Don]

Were they looking for carpal tunnel because someone had previously suggested it to them as a possibility?

All you can do is talk to another attorney to find out if you have a valid case.

 

[candycane64]

I know that all the IME's had access to my medical records, I know some of them had actually taken the time to review them. I also know that some didnt so much as bother. One Dr. had made a note in his report to the state fund about my reaction to steroids. For some reason .. probably due to medical science this Dr. didnt even respect the fact that I didnt want to be injected with steroids. When he asked why, i told him for some reason i get angry and irritable. He then recorded in his records that I was dubious ... basically calling me a liar.

I want to thank you for hearing me out, and giving me your input)
I have basically needed a "it should be looked into" from someone other than myself and my roommate, both of which favor me.