Question Regarding injury of Harm Rule.

[VivianC]

In 2001 I suffered an injury a work to a muscle. This injury was reported to my manager. I went to a Doctor, he took x-rays, nothing conclusive. He stated that it appeared to be simple muscle strain. The pain continued to worsen. I went back a month or so later and was told it was possibly tendonitis, but it still continued to worsen. After years of many misdiagnosis and near disability, due to the fact I could no longer lift my leg, my new Doctor finally set me up for an MRI. When the results came back, it revealed a rare tumor infesting the muscle. My Doctor informed me that this type to tumor is a result of trauma. It took 13 years and 6 Doctors (many of which I requested an MRI but was shrugged off) to finally discover this painful tumor, but the statute of limitation to purse legal compensation is only 1 year in my state.

This injury has cost me my job, financial stability (bankruptcy), and my spouse and I were nearly divorced. It has destroyed our lives and my health. My question is, what can I do, if anything at all, to pursue this after discovering this new devolpement? I appreciate your assistance.

 

[justalayman]

how would you ever prove it was a result of the injury in 2001?

I did not even see what state this involves so it is not possible to give you any answer actually.

 

[VivianC]

how would you ever prove it was a result of the injury in 2001?

I did not even see what state this involves so it is not possible to give you any answer actually.

The state is TN. Everything has been documented at all the Doctors I have seen stating the same muscle (by name) currently infested by the tumor, except the one Doctor who said it was tendonitis who stated the vicinity (actually circled it on his diagram).

 

[justalayman]

how would you prove you did not injure that same muscle in the 13 years since the original injury?

I suspect you have gone well beyond the injury of harm rule. That is essentially a discovery rule where the time runs from a point you should have reasonably been aware of the injury. You state you had pain for years, increasing in severity so you knew there was a problem. The problem was that the doctors failed to properly diagnose it.

You might have had a case of malpractice but that too is probably beyond any statute of limitations.

 

[VivianC]

how would you prove you did not injure that same muscle in the 13 years since the original injury?

I suspect you have gone well beyond the injury of harm rule. That is essentially a discovery rule where the time runs from a point you should have reasonably been aware of the injury. You state you had pain for years, increasing in severity so you knew there was a problem. The problem was that the doctors failed to properly diagnose it.

You might have had a case of malpractice but that too is probably beyond any statute of limitations.

Besides the fact that is the only reason why I went to the Doctor for that one muscle. It was all documented that it was from the injury. There is no other way I could prove it.

The injury was reported but the severity was not discovered until I finally found a competent Doctor who didn't assume something basic or common due to my former line of work. That's difficult to digest that I wouldn't have any kind of case, due to that. There must be some loophole to protect people in this situation. I understand that it is a rare case, even the result of the injury is considered rare, only happening to around .8% of patients according to my Doctor. There must be something I could do this has literally destroyed our lives.

 

[justalayman]

The injury was reported but the severity was not discovered until I finally found a competent Doctor who didn't assume something basic or common due to my former line of work.

so that is the fault of the doctors who failed to diagnose it. You were aware there was a problem so the time starts from that point. The failure of your doctors does not make the WC insurance liable for what should have been discovered long ago.