Legal Question in Workers Comp in New York

can claim be denied due to misdiagnosis?

!3/1)I notice pain w/lump on wrist & limited mobility. Home therapy of ice, otc, splint. Not getting better. Sought medical attention from orthopedic MD on 3/27. Diagnosed dorsal ganglion cyst. Advised to continue same home therapy. 3months later, worse - see orthopedic MD again on 6/26. Tries to aspirate 4-5 times. No fluid is removed. 2days later (6/28) pain/mobility/numbness so bad I see my GP questioning ganglion. GP disagrees w/diagnosis and orders NCT. Technician doing tests says I have carpal tunnel so bad that I need surgery immediately. That was 7/6, surgery was 7/14. Because all of this happened so quickly, Worker's comp is telling me they may deny that it is work related? Because the orthopedic doc misdiagnosed me I get penalized? The NCT test proved it was SEVERE carpal tunnel. What should I do? I would like to sue orthopedic doc, too - but what can I do with worker's comp? My job was changed in the last couple yrs to answering a handset phone 100-300x day/typing/keyboarding/folding papers/stuffing envelopes for hours at a time. Obvious that carpal tunnel has been coming on a long time! Should I sue the orhopedic doc? How do I prove work related & get them to backdate as well??

Help!


Asked on 7/17/06, 10:17 am

1 Answer from Attorneys

Re: can claim be denied due to misdiagnosis?

More facts are needed. If you have a workers' comp attorney, he or she should be able to answer your questions. If you do not have an attorney, you should get one. Do not try to navagate the comp system alone. My firm is the largest comp firm in the State and we have 10 offices. We can help you if you do not have an attorney. We also have a negligence department that can look into whether or not you have a medical malpractice case against the doctor.

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Answered on 7/17/06, 10:27 am


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