Legal Question in Medical Malpractice in California

QME manipulated a workmans comp injury further

What can a person do to a QME that has manipulated an injury to the point that I have not been able to work since. I have a neck injury from a CA workman's comp claim. I worked up until the day I saw the QME. Because of his manipulations, I am not able to work and am in pain all the time. I have to take 3 vicoden a day plus muscle relaxers just to stay mobile. He took away my mobility to do many normal everday life things ( shower, walking, sex , etc...) I have filed a complaint with the Board of Chiropractors but he still continues to practice. He did however gave up his QME status. ( I found this out because I also filed a complaint with the Industrial Medical Board) They did not pursue do to the fact that he did not sign back up to become a QME again. What can I do ??


Asked on 9/23/03, 2:21 pm

1 Answer from Attorneys
Mitchell Roth MW Roth, Professional Law Corporation

Re: QME manipulated a workmans comp injury further

You can have the case reviewed for purposes of evaluating a chiropractic malpractice case. However, it will require you to invest cash into such an investigation. One must determine the cause of your current problem and how this is related, if at all, to the treatment you received. One must also determine if the injury, if any, was caused by the chiropractor's treatment being below the standard of practice required of chiropractors. If either question goes against your case, you have no case. Yet you may need to invest several thousand dollars into an investigation of these issues. If both of these investigation results in positive findings you will probably have a case a qualified lawyer will be willing to pursue on a contingency basis.

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Answered on 9/24/03, 1:56 am


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