Wed 21 Mar, 2012 09:50 am
Oct. 11 2006,injured at work,teacher asst. disabled children,hand crushed in filing cabinet. Imm. reported to HR ,then to school nurse, then Imm. to workman's comp Dr,they examined hand,swelling in small finger,xray,splinted in case of pending fracture. week later: small finger pain,can't move it,swollen. xray had a mark on small finger but no fractures,advised to exercise and take advil. Week later: same symptons,pain is worse, stiffness is in hand. Told to do more hand exercise and take advil. Next Week: hand worse,same symptons,still can't move small finger. Dr refrrs me to Hand specialist for eval. Nov 3 2006,Hand Dr. examines, gives cortisone injection in small finger,send me for an MRI,had MRI done that day, Nov 17 2006, Dr. states that MRI showed flexor tendon severed in small finger,needs surgery to re-attach. Nov 22 2006 (42 days after injury) had surgery to re-attach tendon. Physical Therapy was approved and started Dec 12 2006 (20 days after surgery).Injury never improved, tendon was re-attached, but still sonstant pain and swelling. May 2007 hired workmans comp lawyer in hopes of my medical treatment getting improved and retaining my employment until my hand was fixed.BTW: hand never fixed and I loss my job. For the next few yrs I had to go to various Dr.s,finally in June 2010 while being examined by the permancy Dr. it was explained to me that the reason my finger is deformed and I am in constant pain is because the tendon shrunk during the delay in treatment/surgery. My workman's comp case was just seattled for 25% loss of right hand (dom. hand) and 2yrs open medical. Medical Malpractice statue is 2 yrs from injury, but would this fall under the Discovery Rule? Do I have a case?
First off, what is medical malpractice? Medical malpractice occurs when a person has been injured through the wrongful act of a doctor. The doctor must have performed care that falls below the standard of care resulting in injury, pain, and suffering. The injury may cause the person to be unable to work, causing loss of income and, compounding this, there may be unanticipated long-term treatment costs.If you suspect that you (a family member or friend) is a victim of medical malpractice, it is in your best interest to contact a qualified lawyer immediately, as generally, a suit must be made within two (2) years of the injury date.Proving medical negligence is complicated.Medical specialists will find out what happened and whether the doctor performed care that fell below the standard of care.
The Supreme Court awarded Rs. 5.96 crore as compensation to be paid by Kolkata-based AMRI Hospital and the three doctors (including Mukherjee) to Dr. Saha for medical negligence which led to the death of his wife in 1998. It is the first time that money amounting to crores is given as compensation for Medical Negligence. Read the story in The American Bazaar
Canada Malpractice wrote:
. The doctor must have performed care that falls below the standard of care resulting in injury, pain, and suffering.
Is this the Canadian definition?