They would only be responsible if they acted below the standard of care that is expected by a doctor in that field. If they could not have discovered the prior RSD without doing the actual surgery, it would be difficult to make the doctor responsible. However with that said, the worker's compensation insurance
is responsible for any aggravation to your injury, so in this case the insurance carrier would be responsible for the new pain you are experiencing following surgery which could mean additional costs for the treatment of this new pain.
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