Legal Question in Medical Malpractice in Iowa

I have been out of work on disability.

The information given to the short term disability company by my doctor is completely different than what was discussed in person at appointments.

Basically, the dr. told the STD company that she was unsure why I would need to be out of work and did not advocate my absence. This is untrue as I have in my possession the work release she issued that verifies that she was aware of my absence and was releasing me back to work with no restrictions.

She also stated that my symptoms were not "classic" symptoms of the condition I suffer from, yet she referred me to a specialist of this condition. I have been to the specialist and verified that I am suffering from this condition.

Because of this I have been denied disability and I am on the verge of job loss and bankruptcy.

Am I able to take legal action for lost wages, suffering, etc.? Does this fall within malpractice? I do have paperwork from the specialist confirming my condition and discharge paperwork for partial hospitalization for my condition.


Asked on 4/23/12, 5:06 pm

1 Answer from Attorneys
Robert Luedeman solo practitioner

You're asking whether there's some sort of tort liability for her rendering an opinion that you think is at variance with what you allege you were told. That's doubtful. You need to appeal the denial of benefits and you need to hire an attorney who practices in the area.

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Answered on 4/24/12, 5:45 am


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