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Maverick
Maverick, Attorney
Category: Personal Injury Law
Satisfied Customers: 6386
Experience:  20 years professional experience
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My son was injured at work. He went to emergency care who found

Customer Question

My son was injured at work. He went to emergency care who found a fracture in his knuckle and finger could not bend, advised he see an orthopedic specialist. Workers comp sent him to a doctor who stated he could not figure out what was wrong and advised he go to a hand specialist. Workers comp sent him two weeks later to a hand surgeon who took xrays stated nothing could not find anything wrong and sent him for physical therapy. Three months later he was still in pain and not able to use his hand. Physical therapist stated the finger and hand were getting worse. We demanded a second opinion not knowing we could go to our own choice of doctors. Workers comp sent him to another hand surgeon who said he could see nothing wrong that physical therapy could not fix. Ordered more aggressive therapy and shock therapy. Three months later the pain was worse the use of the hand was less and the physical therapist did not want to continue because of the pain he was inflicting and the lack of improvement that was happening. We then demanded to go to a doctor near our home who was recommended to us as one of the top hand surgeons in PA. He took xrays without us telling him about the initial finding of a fracture and stated there had been a fracture in the knuckle. He then examined my son's finger and stated that there was major tendon damage and would need surgery. The surgery was done. There were bone fragments in the knuckle, the tendon had been split in half down his finger and had fused there and a large bursa sack had formed. It was stated that the finger would have never moved without the surgery no matter how much physical therapy was given. We are now two months after surgery with some mobility but it will take a long time because this was not taken care of immediately.
My son before this had been planning to go to school. We are now informed that since he can't work he can't go to school or workers comp will stop paying his wages and medical expenses.
What can we do he is stuck not being able to do anything with his life. We have caught people taking pictures of him at our home when he is outside. Can we hold the initial doctors accountable for not finding what was wrong with his finger in the beginning. Is he just supposed to sit around and do nothing for the rest of his life he is only 22. No one will help us.
Submitted: 1 year ago.
Category: Personal Injury Law
Expert:  Maverick replied 1 year ago.
Welcome! My name is Maverick. I very much enjoy what I do and I hope that you will benefit from this information.
I think that you would be well with in your rights and owe it to yourselves to go see a medical malpractice attorney [MMA] who might help you to hold the initial doctors accountable for their perceived negligence here.
While we are not permitted to refer a MMA to you, you can use the link below to your state bar to find one:
http://www.pabar.org/public/Membership/lrsblurb.asp
You should find one that practices in the same county as where the initial doctors that examined your son are located. Also, look for one that has tried at least 3 med mal cases before a jury and one that has practiced med mal law for at least 8 years. Before you go for your first consultation, be sure to obtain a copy of your son's past five years of medical records from all his medical providers and all records for his injury treatments as well as bills related to that injury.
Usually, MMA will evaluate your case for free and if they think you have a good case, they will offer to take it on a contingency fee basis where you only have to advance costs but not legal fees. It is usually 33% if the case settles before trial and 40-45% if it goes to trial.
The key issue here is whether, if the initial doctors has not been negligent and had properly diagnosed your son and treated him in the first instance, what would his condition be today as compared to what is actually is. To prove this, your MMA will need to put a qualified doctor on the witness stand.
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Thank you for using Just Answer. Best wishes for 2015!
Customer: replied 1 year ago.
Maverick, Thank you for your reply but it did not really help. I knew we would have to go to a mm lawyer for the doctors. I would have hoped that the lawyer that replies would have been in that category. I was trying to see if we actually had a case and was it worth it to pursue. We were also trying to find out if he has any other claim we should be pursuing in the event that he will have loss of full use of his hand from workers comp.
Expert:  Maverick replied 1 year ago.
1. Medical malpractice cases turn on the minutia of expert witness testimony, so while it certainly sounds like you have a case, the only person that can tell if you is an expert in the medical field, like the hand surgeon you went to. This is why I stated:
The key issue here is whether, if the initial doctors has not been negligent and had properly diagnosed your son and treated him in the first instance, what would his condition be today as compared to what is actually is. To prove this, your MMA will need to put a qualified doctor on the witness stand.
2. It does appear that he would have such a claim. I do not know enough about worker's comp to tell you how to go about processing that claim. Also, you may want to find out from a WC attorney how that claim would be affected if you decided to also sue the doctors for MM.
I will opt out of the question at no cost to you. Your deposit is still in tact. You need not do anything further. If you obtain a confirming opinion about what I am telling you either from another expert on this site or elsewhere and you decide you want to pay for my answer [i.e assign a rating], I certainly won't complain (smile).
Best regards. Thank you for an opportunity to be of assistance to you.