Legal Question in Medical Malpractice in Florida

ignoring medical evidence

Is it legal to award MMI while ignoring patient complaints and never ordering teststo confirm specific complaints and not having any recent gtest results. The reason for my question is immediately after being awarded MMI i've been seen by another doctor and tests confirmed initial surgery never healed and another surgery is necessary. My case was settled under mis diagnosis of MMI.


Asked on 12/23/06, 11:18 pm

1 Answer from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: ignoring medical evidence

Doctors say a person is at MMI and others can disagree. When you say that your case was settled under MMI, your attorney should have been made aware of your continued complaints (as were you). You knew that you were still having problems and if you or your attorney doubted your condition, you should have obtained a second opinion. There is nothing illegal with a doctor saying you are at MMI if that is his belief.

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Answered on 12/24/06, 10:15 am


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