If you are injured in an accident but the initial surgery was notcorrectly performed, what are your rights?

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If you are injured in an accident but the initial surgery was notcorrectly performed, what are your rights?

My stepdaughter tore her ACL playing soccer on high school soccer team. The school’s insurer paid for her surgery and physical therapy. Now 2 years after the accident, my stepdaughter’s knee is hurting so we went back for an MRI with a surgeon who performed the surgery and he says she didn’t re-injure her knee, rather the original surgery didn’t fix the original injury. Can we go back to original insurance to pay for new surgery and, if they refuse to pay, do we have grounds for a lawsuit?

Asked on November 29, 2016 under Personal Injury, Tennessee

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If the case was settled with the school district's insurance carrier two years ago and you signed a release of liability, you can't subsequently go back to the insurance company and ask for additional compensation.  The insurance company is NOT liable.  The doctor  may be liable for negligence on a malpractice claim for not performing the original surgery correctly.


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