I want to know what I can sue my doctor for?

He was treating me for a worker’s comp case and took me out of work until further evaluation. My job controverted it. It was being investigated. A video was “allegedly” presented to him by OIG. He claims the video showed me moving (doing life demands) and because I didn’t appear to be totally disabled “in the video”, he returned me to work and didn’t even notify me. The original diagnosis that he gave, he said it was only because of the way I presented myself during office visits. In the investigators report it says he said he was duped. I sought treatment elsewhere. I have a MRI to show that his original diagnosis was 100%. His betrayal and abandonment caused emotional distress and more.

Asked on September 5, 2012 under Malpractice Law, New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The best way for an attorney to evaluate a possible claim against your treating physician is to bring the consulted attorney copies of all medical reports and invoices prepared by your treating physician for a possible medical malpractice claim so as to have a written legal opinion made as to possible liability and damages.

The problem that I see with your claim against your treating doctor is for a medical "opinion" as to your worker's compensation claim as opposed to actual treatment of a condition which was done improperly. In essence your claim against the doctor is for an "opinion" concerning your medical condition that you do not approve of with respect to your worker's compensation claim where the doctor is essentially an expert witness for you.

Given the above, proving any semblance of liability and damages agaist your doctor is a very difficult thing to establish under the law based upon my experience in such matters.

 


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