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?

UPDATED: Sep 30, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 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.

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