Workers Comp Knee Surgery Resulted in More Injury and Pain

**Krazydiamond** · 09-28-2008, 11:39 AM

My question involves workers compensation law for the state of: florida
I am a waitress. I had an injury to my knee at work that was diagnosed as a miniscus tear. I had intense burning pain across the front of my knee. I had surgery approx. 6 months later to repair the injury. After the surgery, I noticed a different extremely painful crunching and stabbing pain on the outside of my knee, the pain across the front of my knee is gone. The doctor had removed all miniscus leaving my bones rubbing together. He then blamed this pain on osteo-arthritis and recommended a total knee replacement. I believe this new more painful pain is a direct result of the removal of miniscus leaving my bones rubbing together, and I blame the doctor. Workman's is now challenging me and telling me that I had prior medical issues with my knee. I had an ACL surgery when I was 18 and then another injury when I was 20. I hadn't seen a doctor for my knee in 23 years until this accident happened. I have never missed work, and have always been very active. Now, I can hardly walk or finish a work shift (light duty) there really is no light duty as a waitress. I am recieving supartz injections with extreme workmans challenges. Do I tell the workmans comp that I feel the pain is because of poor surgery procedures? The doctor who did my surgery is notorious for leaving people in pain and removing too much rather than doing a repair. I did not find this information until after the fact. I am seeing a new doctor and he did tell me that the surgery removed all miniscus and could possibly cause this pain. What do I do?
Thanks!

**Mr. Knowitall** · 09-30-2008, 09:11 PM

You can argue whatever you want to workers' comp, but ultimately you need a doctor to relate the current symptoms to the work injury, as opposed to pre-existing conditions or age-related degeneration.

Consider seeking a free consultation with a worker's compensation lawyer.