Legal Question in Medical Malpractice in Missouri

Hello I live in Missouri and have been injured in a work accident I have been seeing the work comp Dr I have been going to therapy for 12 week i am done with therapy and still have pain in my arm i was struck with a cable it had punctured my arm at the end of my therapy i went into my last Dr visit told the Dr i was still in pain he ordered an MRI the results of the MRI show a 1 CM piece of steel im my arm the Dr call me at home tells me to come in his office and we will discuss on how he is going to remove it. when i get into his office he sends me for an x-ray the results of the x-ray show no metal in my arm so then he sends me for an sonogram the women that does the sonogram tells me she will not be able to find this metal either. so then back to the Dr office the Dr tells me no luck seeing it in that test either then he looks at me and say the MRI is wrong there is not a piece of metal in your arm and says i am going to release you today then i asked him if its not in there why am i still in so much pain every time i use my arm. He has no answers for me. i asked comp if i can get a second opinion they said no so now here i am no resolve in the pain in my arm. My question is did this Dr commit male practice or negligence? If i pay out of my own pocket for my medical and another Dr finds and removes this metal in my arm is that male practice then for the comp Dr? What justifies male practice or negligence in this case?


Asked on 10/26/10, 5:33 pm

1 Answer from Attorneys
Michael R. Nack Michael R. Nack, Attorney at Law

You did not say if you have an attorney representing you. If so, you should direct your questions to your attorney. If not, this is an excellent example of why a person who is injured on the job should hire a worker's compensation attorney. You do not have to pay the attorney anything out of pocket. The attorney will take his or her fee from any final settlement or other recovery in your case. You will receive more compensation even after the attorney's fees are deducted than you will recieve if you handle this on your own. In the meantime the attorney will make sure that your legal rights are protected and that you receive all of the medical care that you require. You will be able to see another doctor and the insurance company will have to pay if you follow the proper procedures. I know one of the very best worker's compensation attorneys in the state of Missouri, and I would be very glad to make a referral. Please feel free to contact me and I will give you his contact information so that you can arrange a consultation. There will be no charge either for speaking with me or meeting with the worker's compensation attorney to determine whether or not you would like to hire him.

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Answered on 11/02/10, 7:37 pm


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