Legal Question in Medical Malpractice in Texas

Missed Diagnosis

I injured my lower back at work 6/26/05. I instantly had sharp pains & numbness going down my legs. I went to the Co. Dr who sent me to an Orthopedic Dr. I told him everything and he sent me for an MRI, physical therapy and released me to work light duty. After the MRI, the Dr said that I had a bulging disc, degenerative joints, and also arthritis among other problems. He dismissed all of this to old age, and told me that the reason I was still having pain in my legs was due to lack of activity, released me from and his care & back to work, no restrictions on 8/26, with me asking about the possibility of nerve damage. I am 42 & light duty required that I walk the store for 6 to 8 hours a day. I left the Dr.'s office, went home to call the workers comp co. I told them that I wouldn�t return to work without restrictions as staying on my feet was to painful. They stopped paying compensation but sent me to a new Dr. on 9/6; he recommended an EMG, and full work release. The finding was damage to my sciatic nerve. So the question is was the first Orthopedic Dr negligent & guilty of malpractice for dismissing me without first checking for nerve damage while I had been telling him form the beginning that I suffered pain in my legs?


Asked on 9/21/05, 8:50 pm

1 Answer from Attorneys
Dan Street Street Law Firm

Re: Missed Diagnosis

Company doctors work for--guess who?--the COMPANY. They very seldom are looking out for YOUR best interests. Yes, it is possible under these circumstances that the company doctor was just a little too anxious to get you back on the job and he was probably negligent in misdiagnosing your condition, but that is only half of the equation. In order to have a viable lawsuit, you must also have damages (in fact, significant damages), and the damages must have been caused by the doctor's negligence. Since your true condition was discovered shortly after the misdiagnosis and it does not appear you were damaged further by the "work therapy" prescribed by the company doctor (since you refused to do it), you probably do not have enough damages to justify the cost of a lawsuit against the doctor.

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Answered on 9/22/05, 1:18 pm


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