Question
I work in the medical field and was recently hurt at work. I suffered a back injury that is very painful. Obviously, I filed a worker's Comp claim. This is undoubtedly the WORST medical experience I have ever had! Thus far, "they" have withheld effective pain control from me and force me to go to work on light duty even though I obviously have a hard time to even sit in a chair, walk or stand upright. They did order an MRI of my spine. Their "primary" doctor told me it was negative only to find out a week later by a physiatrist that I have a annular fissure and a disc protrusion. He finally gave me Lortab that seem to alleviate the soreness of the area, but does not have any affect on the problem itself ( sharp pain in my lower back and down right leg). I am told it will be another two weeks, one month after the injury to have a steroid injection into my spine to try to help alleviate the irritation. I have never had a worker's comp claim before and have never sued anyone before. I realize you cannot sue for pain and suffering through worker's comp, but wouldn't it at least be considered a medical ethics issue? First for lack of pain control and secondly for originally being lied to by "their" doctor that my MRI was negative? Do I have any recourse for this?

Answer
Amy,
I'm a nurse, not a lawyer. However, what you described is a story I've heard many times over the years. With all the emphasis being on pain control nowadays you'd think physicians would have a goal of relieving pain; in other words "believe the patient." Unfortunately, this is not true.
This is one reason I do this volunteer job for AllExperts- I keep seeing this happen to patients over and over. While I am unable to talk to you by phone or give you referrals, I can tell you that what happened is wrong, and yes- unethical. How a physician can MISS an annular fissure or disc protrusion on MRI is beyond me! They'll tell you a radiologist must read the MRI, but often a primary care MD can see these things without the expertise of a radiologist. Furthermore, it should not have taken a radiologist that long to take a look at your films.

With all this said, yes, I do believe you have legal recourse. I know it is not a path you want to go down with your being in the medical field. But, your health was left at risk and you were in pain. I do not know what state you live in, but no doubt you've seen many television ads in the last few years offering help for those 'injured at work'. I see/hear these ads every day. These attorneys are supposed to work for you, and they don't take a fee unless you win (which you probably would). Unfortunately, they see this every day. This is not to diminish what you have gone through! I'm just saying it is shameful that it happens so frequently.

Not knowing what state you live in, and not being an attorney I suggest you look into one of these legal services. They aren't hard to find--just turn on the TV! Or, look in the Yellow Pages. You may be better served asking around people that you work with to get a word-of-mouth referral. These are better. However, even the "TV lawyers" are licensed and professional, (even though their ads may turn you off)! And, being licensed they are bound by a code of professionalism in your state. They will go over your medical records, your story, obtain more tests perhaps. Many of them even have nurses on staff who help with the questioning of the patient and examining their medical records. They are supposed to work for 'you'. So, strongly consider hiring one. As I said, most of them don't ask you for any fee up front; they collect part of your settlement. Yes, I know it's not fair; the whole system isn't fair. But, at least you would have legal counsel in your corner.

Please let me know if I can assist you further. I'd be happy to. I know this is a scary thing to undergo, particularly if you're already in physical pain.