Legal Question in Personal Injury in Maine

Malpractice question..Recently broke my neck, doctor says i need to see them in 4 weeks for check up. Didnt see them till 6 weeks and doctor does no physical tests and tells me im fine, "good to go". I ask...what about physical therapy, I ask about the pain in my neck and back, dr says,"ya thats normal, you fine". Tells me nothing about the weight limits im supposed to have. Ways i should move, ways i should not. Now im playing the waiting game for another checkup by another Dr to see what the real outcome is. By then it will have been 10 weeks since injury and no real checkup in between. The dr also expected me to take my neck brace off after 10 weeks of wearing it and just go back to work 7 days after. Maybe its just me....but that doesnt really sound right to me.. My main concern is my well being. Am i even healing right? Am i doing the right things to heal? Should i be talking to a lawyer about this situation with this dr just bumping me on down the road? Is this considered malpractice??


Asked on 8/10/10, 8:22 am

1 Answer from Attorneys
Jerome Gamache Ainsworth Thelin & Raftice, P.A.

Malpractice is a deviation from the applicable medical standard of care that results in an injury or damages. While your description of the lack of treatment or guidelines given to you for your recovery sounds like malpractice, so far you are not damaged unless it is later determined that you did not heal properly as a result. Try to think of the analysis as if you were sitting at a stop sign in your car and were rear-ended, but only at 5 mph. The other party is clearly wrong but you are not harmed. However, a determination of medical malpractice can only be made after a review of the medical records and usually involves obtaining the expert opinion of a doctor as to the standard of care- often what sounds to me and you like malpractice is in fact accepted medical proactice.

I am also interested in the circumstances of the injury- was the injury at work? Is the medical care you now questioning "worker's comp"? was the injury in a car accident? were you at home or somewhere else?

I would be willing to discuss with you a bit further at no charge if you'd like to call me. 767-4824.

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Answered on 8/16/10, 6:08 am


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