Negligent Doctor

What is the name of your state? Texas

Jan 21 2003 I sustained a hyperextended knee injury while on the job. I informed my supervisor and was told to go to the local clinic that handles all of our companies minor medical needs. The doctor had an x-ray done on my knee which showed nothing. She concluded that I merely sprained my knee and I was given a shot and prescribed Vicatin ES. I saw her 2 weeks later for my follow up and still had some swelling. She prescribed more Vicatin ES and had me come back in 2 more weeks. When I came back, the swelling had gone down and she release me back to work at full duty. I work on my feet 12-14 hours per day outside. She knew how strenuous my job was. About 4 weeks later, with severe pain and swelling in my knee I informed my supervisor and was sent back to the same clinic. This time she had an MRI done on my knee and it showed 2 tears in my medial muniscus. She then referred me to a specialist. When I saw the specialist and told him what she had done up to that point he was quite livid that she didnt do an MRI the first day i saw her. He concluded that by her releasing me back to work had further damaged my knee and that the recover time would be substantially more. I ended up missing 7 months of work, although I did draw worker's compensation, it was much lower than what I should have made. The second doctor stated had I seen him first I would have missed 4-6 weeks. Is the first doctor liable for the further damaging of my knee by releasing me early?

Also, I am posting another thread regarding this same doctor for another case.

Alrotha
There are too many variables in your described situation for me to be able to render an opinion as to whether or not you would have actually been able to return to normal duties after 4-6 weeks. If you had seen the specialist first, perhaps things would have been different; but that was not an option, was it? 4-6 weeks post-surgery may have returned you to light duties with on-going physical therapy or it may have returned you to full duties depending on your duties, your age, your weight, your normal level of physical fitness and endurance. With this type of injury, student athletes and even professional athletes usually miss the remainder of the season and do not play until the next season; their physical stamina is usually superior to that of the general public. Me thinks your specialist may have delusions of grandeur about his ability to send you back to full duties after six weeks.

I suggest that you speak with a medmal attorney in your area, either through a telephone consultation or a consultation appointment, and that you do so immediately to avoid any problem with the statute of limitations.

EC