Legal Question in Workers Comp in California
Abandoned by two Doctors
My back was injured at work and I need surgery but opted not to. My treating physician, who wrote my P&S report,(Dr A) refered me to a pain doctor, (Dr B). Its been 4 years now with Dr B and I thought that made Dr B my Primary Care Provider but now Dr B says he is not any of his patients PCP. He says I AM his only patient that he doesn't report to another Dr for but that I have somehow ''slipped through the cracks''. He recently got a letter from the insurance demanding monthly reports. He has never been asked for reports before and Dr A has never followed up with him or me. I am now being forced to designate a new Dr to be PCP but I haven't seen him yet. Is it medical malpractice for Dr A to never follow up on me? or that Dr B keeps me on heavy meds without someone supervising my care? And shouldn't the insurance have said something about reports before now? I feel I was abandoned by Dr A and now I'm being dumped by Dr B. The insurance company is constantly trying to find a way to get rid of me. Always questioning me. Is it too late to hire an attorney? Do I have to talk to the insurance people? And now I have to worry about my long term health due to non-supervision and the emotional toll as well. Thanks for you time.
3 Answers from Attorneys
Re: Abandoned by two Doctors
It is very unfortunate that you are missing an entire body of valuable medical evidence. It is difficult to determine whether or not the doctor had committed medmal unless I reviewed your file.
It is not too late to hire counsel. In fact, the sooner the better. Should you decide to move forward with representation, please feel free to contact me at, 818.943.0462.
Re: Abandoned by two Doctors
It is not too late to hire attorney and at this stage it is highly recommended. You probably have to change your primary treating doctor if you have not P & S. Please call us at 213.388.7070 for a free consultation.
Re: Abandoned by two Doctors
1. Unless Mr. Lupdoff is listed as a civil practioner with an emphasis in medical malpractice, I think his demand to review the file is merely an attempt to solicit business, which I belive is not allowed at Law Guru. I object. You can always contact the local bar association for malpractic issues and receive a consultation either free or at a very reasonable price. Medical malpractice is a difficult issue, and expensive to litigate. You did receive treatment, the only issues seems to be reporting. Unless the carrier sent the doctor B a copy of CCR 9785 an argument can be made that the doctor was rightfully unaware of the reporting requirement.
Technically Dr. A is the treating physician and Dr B should have reported to Dr. A. Note again, you have been receiving treatment.
I suggest you seek representation. If your case is less than five years old, you might be able to amend the Application, if filed, to include a psyche component. However, it is best to let your treating physician make a referral, so I suggest that you request a list of treating physicians from the carrier and move on.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
