My question involves medical malpractice in the state of: new york
In 2007 I was injured at work, herniated discs at L4-L5, L5-S1 which required anterior fusion of said vertabrea. On january of 2008 I returned to work with a no lifting,pushing or pulling of anything greater than 25 pounds restriction. On january of 2011 I was pulled out of work for severe back pain. The MRI showed herniations at L3-L4, narrowing of the spianal canal with nerve inpingment requiring a second surgery in May 2011. posterior TLIF fusion of L3-S1. since the surgery i continue to experince moderate to severe back pain, numbness and tingling in both legs from knees down occasionally radiaiting up legs into groin, i have a foot drop on left foot and i'm required to walk with canadian crutches due to profound weakness in legs. At my last neurosureon office visit(10/3/2011) an additional MRI was recommended to evaluate presistant pain, numbness and weakness issues. Due to all the red tape and hop jumping through related to being a workers comp case, the MRI has not been done yet. In the mean time i was contacted by a physical therapy case manager recommended by comp to have an FCE and begin a work hardening program. this case manager has never physically seen me or examined me, but arrainged for the FCE and work hardening based on the IME.
I had the IME in September of 2011. I just recieved a copy from the DOL(2/2/2012). Upon reading the doctors note I found that the IME doctor claimed he preformed several physical exams that in fact he did not do. Based on his findings a FCE and work hardening program was recommended. Yesterday I had the FCE and the therapist after several question and observing my gait would not complete the FCE due to fear of further injury that may occur related to my continued pain and unsteady gait. The therapist also stated that work hardening is out of the question at this time based on the exam.
what are my options with the IME doctor and physical therapy case manager? The doctor recommended treatment based on a falsefied medical exam, and the physical case manager arrainged for treatment on a patient she never examined.