T
TxBlu
Guest
***Please Help***
I will try to make this as short as possible... I was injured on the job(slipped and fell on ice cream) and when I went to the Dr he said I had a sprained ankle and sent me back to work on crutches, I was working for a major Dept store chain and had went to see their Dr.
After trying to go back to work and making my ankle worse and developing back pain I requested a change of physicians, the second physician was a referral from the first Dr after he felt he could no longer treat me.
The second Dr after testing me as I was complaining of lower back pain and ankle pain said I needed to inform Workers Comp of the back pain to get permission for him to treat me for that as I was there for a referral on my ankle. I did what I needed to do he was given permission to test me further(X-rays) and if needed treat me for the lower back. Well he diagnosed me with a back strain, and I just recently found out in a hearing with Workers Comp and the Insurance carrier that he had discovered Degenerative Disk Disease and Disk Space narrowing at that time, I was given physical therapy for my ankle and ibuprofen and at one point Relafen for the back. No physical thereapy or instruction on taking care of my back in the future to keep from reinjuring it. I am now being trreated by a different Dr for herniated disks at L4-L5 and L5-S1, it has reached a point where I am living on pain meds and unable to work now because of the constant pain and having to stay medicated to function halfway normally. The Dr has recommended Surgery, and I have already went to get the 2nd opinion but the Insurer is stating that since this is a new diagnosis that they should not have to pay for my treatment.
I have since this new diagnosis discovereed a few things that leads me to believe that I was misdiagnosed from the beginning.
1. A back strain is the result of lifting something or pulling something incorrectly and involves the back muscles and most people never know what they have done to cause this. Whereas a herniated disk is the result of falling or some type of impact injury.
2. A back strain is treatable and usually cured with proper treatment in about 3-4 weeks. I was out of work for 4 months and collected unemployment insurance during that time.
3. In order to detect Disk herniation a MRI or CT scan is required, the only imaging the 2nd Dr did five years ago was the X-Ray.
4. The pain I had in my foot five years ago is comparable to the pain I am having now which send electric shocks down my leg to my toes if I move too fast or try to stand up straight after sitting or lying down.
There are others but to make it short, when I filed my workers comp claim 5 yrs ago I was given lifetime medical on my back and now that I am seeking to get treatment the insurance is fighting me. I go to another Dr on the 28th of Sept that has the job of determining if the original diagnosis was wrong.
If it is found that the original diagnosis is wrong can I sue the treating physician that misdiagnosed me? I changed my lifestyle after injuring my back five years, I cannot excerise without causing extreme pain and as a result have gained about 30 lbs, which is causing more problems, I no longer dance, ride a bike, I cannot lift or work in my yard, or rake, or sweep or mop without being on pain meds to keep from falling over when the spasms hit.
Any advice you can give me would be very much appreciated.
Thank You...
**Forgot to add, I am not seeking any kind of monetary damages from the employer or insurer, only medical treatment, and since the injury originally occurred five years ago and I never sought legal assistance at that time I cannot find an attorney to help me because there is nothing to be gained monetarily. In the state of TX if I did get atty representation he/she would only be able to collect 1/4 of my judgement or award due to the state laws that are in effect.****
[This message has been edited by TxBlu (edited September 27, 2000).]
I will try to make this as short as possible... I was injured on the job(slipped and fell on ice cream) and when I went to the Dr he said I had a sprained ankle and sent me back to work on crutches, I was working for a major Dept store chain and had went to see their Dr.
After trying to go back to work and making my ankle worse and developing back pain I requested a change of physicians, the second physician was a referral from the first Dr after he felt he could no longer treat me.
The second Dr after testing me as I was complaining of lower back pain and ankle pain said I needed to inform Workers Comp of the back pain to get permission for him to treat me for that as I was there for a referral on my ankle. I did what I needed to do he was given permission to test me further(X-rays) and if needed treat me for the lower back. Well he diagnosed me with a back strain, and I just recently found out in a hearing with Workers Comp and the Insurance carrier that he had discovered Degenerative Disk Disease and Disk Space narrowing at that time, I was given physical therapy for my ankle and ibuprofen and at one point Relafen for the back. No physical thereapy or instruction on taking care of my back in the future to keep from reinjuring it. I am now being trreated by a different Dr for herniated disks at L4-L5 and L5-S1, it has reached a point where I am living on pain meds and unable to work now because of the constant pain and having to stay medicated to function halfway normally. The Dr has recommended Surgery, and I have already went to get the 2nd opinion but the Insurer is stating that since this is a new diagnosis that they should not have to pay for my treatment.
I have since this new diagnosis discovereed a few things that leads me to believe that I was misdiagnosed from the beginning.
1. A back strain is the result of lifting something or pulling something incorrectly and involves the back muscles and most people never know what they have done to cause this. Whereas a herniated disk is the result of falling or some type of impact injury.
2. A back strain is treatable and usually cured with proper treatment in about 3-4 weeks. I was out of work for 4 months and collected unemployment insurance during that time.
3. In order to detect Disk herniation a MRI or CT scan is required, the only imaging the 2nd Dr did five years ago was the X-Ray.
4. The pain I had in my foot five years ago is comparable to the pain I am having now which send electric shocks down my leg to my toes if I move too fast or try to stand up straight after sitting or lying down.
There are others but to make it short, when I filed my workers comp claim 5 yrs ago I was given lifetime medical on my back and now that I am seeking to get treatment the insurance is fighting me. I go to another Dr on the 28th of Sept that has the job of determining if the original diagnosis was wrong.
If it is found that the original diagnosis is wrong can I sue the treating physician that misdiagnosed me? I changed my lifestyle after injuring my back five years, I cannot excerise without causing extreme pain and as a result have gained about 30 lbs, which is causing more problems, I no longer dance, ride a bike, I cannot lift or work in my yard, or rake, or sweep or mop without being on pain meds to keep from falling over when the spasms hit.
Any advice you can give me would be very much appreciated.
Thank You...
**Forgot to add, I am not seeking any kind of monetary damages from the employer or insurer, only medical treatment, and since the injury originally occurred five years ago and I never sought legal assistance at that time I cannot find an attorney to help me because there is nothing to be gained monetarily. In the state of TX if I did get atty representation he/she would only be able to collect 1/4 of my judgement or award due to the state laws that are in effect.****
[This message has been edited by TxBlu (edited September 27, 2000).]