Legal Question in Medical Malpractice in Iowa

Forgot to disclose

about a year ago, I got copies of paper work from w/c with doctor notes up to that date. Well in the notes, it states that I have Aseptic necrosis, which I was never told about. The doctor kept basically telling me the pain was all in my head. Anyway that is a different story. He had actually told me and the case manager that the spot on my shoulder was nothing to worry about - ostreochonditis. The end result of having aseptic necrosis is that I need to have a shoulder replaced.

What exactly can I do at this point.

Thanks for your help


Asked on 3/21/04, 6:45 am

1 Answer from Attorneys
Stephen Lombardi Lombardi Law Firm

Re: Forgot to disclose

Even in a workers' compensation treatment setting doctors have a duty to properly and fully disclose an accurate diagnosis. If they fail to do so they may have committed a breach of the standard of care. Medical expense that is paid by another insurance company can not be claimed again in a medical malpractice case. Wages that are being paid by another insurance company can not be claimed in a medical malpractice case. Your claim against the doctor would come down to pain and suffering damages. Under the current state of the law it would not be economically feasible to pursue it. Unfortunately workers' rights are eroding from what they yse to be and therefore while the doctor's rights to do wrong have expanded your's as a worker have not. Hope this answers your question. Call if you would like to discuss it further. Steve Lombardi

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Answered on 3/21/04, 10:01 am


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