Question

Delayed Treatment-Med Malpractice

Asked 21 March 2012 · needs an answer

The question

10/11/06-injured at work,filing cabinet crushed hand. Reported imm. went to Work Comp Dr-,swelling in small finger,xray,splinted in case of pending fracture.week later:small finger pain,can't move it,swollen.xray had a mark on small finger but no fractures,advised to exercise and take advil. Week later:same symptons,pain is worse,stiffness is in hand.Told to do more hand exercise and take advil.Next Week: hand worse,same symptons,still can't move small finger.Dr refrrs me to Hand specialist for eval.11/3,Hand Dr. examines, gives cortisone injection in small finger,MRI that day,11/17 Dr. states that MRI showed flexor tendon severed in small finger,needs surgery to re-attach.11/22(42days frm injury) had surgery to re-attach tendon.5/'07 hired WC lawyer For the next few yrs various Dr.s,finally in June 2010 while being examined by the permancy Dr.it was explained to me that the reason my finger is deformed and I am in constant pain is because the tendon shrunk during the delay in treatment/surgery.This was the first time I was told why my injury wasn't corrected.Work comp case seattled for 25%loss of right hand and 2yrs open medical. Does this fall under the discovery rule for medical malpractice?

From the LawyerCentral forum archive. Originally posted 21 March 2012 on a legal forum that has closed. Names and contact details were removed. See the original (Internet Archive).

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