Legal Question in Workers Comp in Florida

I am a mechanic and got hurt at work lifting 24 inch

Heavy truck tires when I lifted I felt a sharp pain in my

Neck and shoulder I took some mri:s and it reveald a tear

In my shoulder with a ganglion cyst and my neck 2 slipped disk

And a pinched nerve the doctor said these were old injuries

And sent me to physical therapy. Well the therapist put

My neck in some kind of contraction which made my situation

Worst I was in so much pain I had to go to the er. Can the doctor

Be held accountable this injury was in june of this year

And im fed up in pain what can I do.

Asked on 9/05/12, 3:47 pm

1 Answer from Attorneys

Barry Stein De Cardenas, Freixas, Stein & Zachary

If the injury you sustained as a result of your therapy is a permanent one then the therapist and the company that person works for can be accountable. The doctor who authorized the therapy cannot be responsible unless he is directly supervising the therapist. Pain is a relative issue and does not generate damages in and of itself. You must have a permanent injury within a reasonable medical probability to pursue the malpractice claim. It sounds a little to early in your treatment. It also sounds like you need to be more aggressive with your own treatment and go back to your treating doctor. Seek legal help involving your work related claims.

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Answered on 9/05/12, 3:57 pm

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