VIC Lack of duty of care by work appointed doctor.

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Lyle Edwards

Member
17 May 2017
2
0
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Can i Sue my doctor for lack of duty of care.

In 02/15 i had an back injury at work and sent to the work appointed doctor. After 3 months i changed to a different doctor within the same doctors surgery due to not liking the attitude of the doctor. The doctor i change to was better at the start but soon had the same attitude as the previous doctor towards me. They both seemed to be doing the bare minimum to help me and i would have to ask for referrals to see specialized doctors to further my treatment and be assessed. When i was sent to see a surgeon the referral didn't state that this was a work place injury which I only found out on my second visit to him) there for treated as i was just a public patient and nothing was done. I continued to work on light duties from the date of injury on restrictions for the next 14 month's with little to none treatment or help from my treating doctor. I had another health issue that started at the same time of my injury and i informed the doctor of this and he dismissed this as not related to my back injury. Which i have found out since that it is. He told me to see another doctor about this and would not even investigate the issue. On a number of occasions i had to have days of due to my injury and when i saw my doctor about having the days of he wouldn't put it down as injury related days of he said it's just easier to just say it was a sick day less paperwork he said. I informed work about this and they said the same thing . I at one stage was told by my treating doctor to find another doctor to treat me as he was no longer interested in treating me as i questioned his attitude towards me and the lack of treatment. I had trouble finding a doctor to take on my case so i returned to him as i needed my monthly form. As my back injury and pain was getting worse i ask to have another MRI and a referral to see surgeon and he refused to do it so i had to contact my work cover agent to get written approval before he would do this. A few months after this i was terminated from my employment. Which it was found to be an unfair dismissal in court. But my treating doctor really turned on me now i was no longer employed by the company that he does the work for. I tried to claim weekly payments after my unfair dismissal but the doctor wrote a letter stating i was fit for work in his opinion and if you read the letter you would think he specialized in back injuries. And my claim was rejected all be it the surgeon and an independent doctor i was sent to by my work cover agent found i was unfit for work this was both before my termination . After a couple of months i found another doctor to treat me and he also found me unfit for work due to both his opinion and letters from the surgeon i had seen. Due to his lack of duty of care im still fighting for weekly payments and treatment with my work cover agent and my injury remains poorly treated.
 

Rod

Lawyer
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27 May 2014
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You can, but it can be hard to prove medical negligence.