hurt at work

[briandz]

I was loading my personal truck with company equipment offsite, when I hyperextended both arms and subsequently tore the tendon that anchors my bicep to my forearm clean off. 2 months later the workers comp. paperwork was approved for surgical repair. the surgeon said depending on how short the tendon was, it would dictate range of motion and recovery. He had mentioned using a cadaver tendon if necessary, I agreed to that after explaining how I work construction and would need full mobility.after the drugs and the swelling went down I noticed my bicep was now half as long as it used to be, and started in the middle of my upper arm instead of at the elbow. When I questioned him he said " he was lucky to get that much, But at least it has full range of motion, and that he tested it on the operating table". And then had informed me that he installed the cadaver tendon that was about 2 and a half inches long. ( that also is exactly how much shorter my bicep is now )
Four physical therapists told me it was not repaired completely and that they are the ones to help me to regain my range of motion and strength, and that he should not have tested range of motion to its fullest instantly after anchoring the graft through the bone; let alone the splice point to my tendon.
Basically two questions.
1st: Do I have a case against the surgeon to have my arm repaired correctly?
bearing in mind this was fixed under workers comp.
2nd: Do I have any rights to claim against my employers insurance for loss of
everything that workers comp. does not cover?
and if so.... what is the statute of limitations on that?

 

[army judge]

If you have medical malpractice concerns, speak with a malpractice attorney in your area.
The attorneys will tell you IF you have any chance at prevailing in a lawsuit.
Heck, speak with three and choose one to represent you.
The initial consult is free.
Good luck.