What to do if last year my husband was involved in a trucking accident while on the job as a truck driver?

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What to do if last year my husband was involved in a trucking accident while on the job as a truck driver?

He suffered a reversed dislocation of the left shoulder and is now on worker’s comp disability. He was going to a local orthopedic physician who kept putting off doing anything but physical therapy. Thenabout 6 months ago, while supposedly examining my husband’s left shoulder he lifted up the arm higher then it was able to be moved amd dislocated it once again and causing my husband extreme pain (almost causing him to pass out). We left his care and since then his shoulder dislocates several times a day and he is now facing surgery. Does he have any recourse against this physician?

Asked on March 21, 2013 under Malpractice Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Your husband may have recourse against the physician. The issue is whether the way the doctor examined your husband would be considered to have been a violation of generally accepted standards of care or otherwise unreasonably careless. If it was, he may have committed malpractice, and may be liable for lost wages, medical costs, pain and suffering, etc. On the other hand, if what he did was something any reasonable doctor would do, there probably is no malpractice--malpractice is only when the doctor does something careless or wrong; the fact that a patient suffers some injury, without fault on the doctor's fault, is not malpractice. From what you write, it would be worthwhile for your husband to consult with a medical malpractice attorney to evaluate whether he has a case and what it may be worth.


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