Should I sue the clinic my company uses? Would doing so upset my company?

Question

About one month ago I badly fractured two of my fingers. I did this while on duty at work. I was put on light duty and went to the clinic my work uses on a weekly basis. I was told initially that the injury was extremely bad and it would take 6 to 8 weeks to heal. Today, I was told to return back to work for full duty after just under 4 weeks. I decided to get a 2nd opinion finally from my family doctor. He took x-rays and discovered not only that I should not return to work but that I should see a specialist because it is not healing well. The injury was a crushing one that shattered the tips and each tip is in about 5 to 7 pieces. The clinic's physician did not follow up with an x-ray and disregarded my suggestions about the pain and numbness. She seemed insulted when I brought up anything about a 2nd opinion.
It seems to me that she was negligent. If I was to return to work I could have done further damage. Should I sue her? Report her to who knows where?

Answer 1

You can report her to the AMA and your health insurance, but don't expect them to do much. As for suing him, contact an attorney and ask for a consultation.

Something similar happened to my brother several years ago. When he went for a second opinion he was told he needed immediate surgery or he would lose the arm at the elbow. He had to pay for this out-of-pocket and then sue the insurance company to be reimbursed.

Good Luck.

Answer 2

You said the answer in your description. You said you “COULD have done further damage”. In our country you can sue anyone. You cannot recover damages unless you receive damages. Now you’ve seen another doctor and got contradictory advice with supportive diagnostic tests. If you follow the first doctors advice and hurt yourself just to win a claim, you still won’t win as you had been educated correctly.

Instead of suing try filing a complaint with the licensing board of your state. Good luck.

Answer 3

If your company uses a clinic that is negligent, and you can get proof, you need to let your company know. Their HR or legal department should be made aware of this.
Then discuss with your company HR or legal rep what you (and your company) should do next in terms of legal action. You may not be the only person that had a bad experience there, and your company should be made aware of this problem with one of their service providers.