What legal rights do I have when I am employed by a physician who unsuccessfully treated and diagnosed me for the neck condition that is making me unable to work?

Get Legal Help Today

 Secured with SHA-256 Encryption

What legal rights do I have when I am employed by a physician who unsuccessfully treated and diagnosed me for the neck condition that is making me unable to work?

I have arthritis and injury to C1 and C2 vertebrae. The physician I work unsuccessfully treated me and said nothing was wrong. After getting the diagnosis from a physician of my choosing the physician I am employed by has increased my workload to the point where I cannot perform my job. What legal recourse or rights do I have?

Asked on January 17, 2017 under Malpractice Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

While the physician you work for would not necessarily have to *decrease* your workload for you, *increasing* it when aware (as he obviously is) of your condition could be considered disability-related harassment or discrimination, and you may have a legal claim on that basis. You should contact the federal EEOC or your state equal/civil rights agency to explore that possibility.
If the treatment you received was negligent (careless) in some way, or otherwise did not rise to currently accepted standards, AND caused you some additional injury, you may be able to sue for malpractice. (If it did not cause you additional harm or injury, there's no point in suing--you can only recover compensation in a malpractice case for the harm, etc. done.) To explore this as an option, consult in detail with a medical malpractice attorney; many such lawyers provide a free initial consultation to evaluate a case, and you can inquire into this before you make the appointment.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption