Legal Question in Workers Comp in California

I have a wc case right now, the companies insurance sent me a letter stating that the pain management Dr. didnt give me the right injections for the ruptured disc in my L3 L4. Now the neurosurgeon says ive gotten worse can i do a seperate lawsuit on that Dr. [email protected]


Asked on 7/19/15, 12:48 am

2 Answers from Attorneys

David Lupoff Law Offices of David B. Lupoff

Based upon what you wrote, there is a med mal potential, but without any type of record review, it's impossible to conclude. regarding your worsening back condition, you would have to prove causation, and experts can cost upwardly to $50 - $100k usually fronted by the lawyer.

Gather you records and speak to a few med mal lawyers. You have one year to file a lawsuit from the date of the incident. Good luck

Read more
Answered on 7/19/15, 6:20 am
Nancy Wallace Nancy Wallace Atty at Law

The 'insurance company" is NOT a medical expert. The "insurance company" has zero expertise in determining whether injections were 'right' or not. IF THE NEUROSURGEON WRITES that the 'wrong' injections were in fact used and BECAUSE the 'wrong' injections were used you have become worse (noting you would not have become worse but for the wrong injections) then you have the very beginning of a Medical Malpractice Injury suit for Civil Court (Workers Compensation Appeals Board does NOT have any authority -- no jurisdiction -- over medical malpractice. Medical Malpractice requires the attorney get a medical expert to review all records and reports and issue a report that the offending physician's choices fell below the standard of care....that costs around $10,000 out of the attorney's pocket. That's just to get the lawsuit filed. So unless the losses and pain & Suffering from the pain doctor's choices results in well over $300,000 , most attorneys won't 'invest' in it.

Read more
Answered on 7/20/15, 11:06 am


Related Questions & Answers

More Workers' Compensation Law questions and answers in California