Legal Question in Workers Comp in California

medical malpractice?

I hurt my hand at work and was given lite duty, and ongoing doctors visits culminating in a wrist brace and physical therapy. After each PT treatment I was in so much pain that I couldn't function. After refusal to have more PT I was finally given an X Ray. This was 5 months after initial injury. Diagnosis was the treating physician could find nothing wrong. The insurance company sent a case mgr. who finally took me to orthopedic specialist who laughed and asked who had been treating me or rather mistreating me. Surgery was ordered, however I and my kids had the flu twice and I had to cancel surgery twice but in a timely manner. Now I have been told that I was unwilling to have surgery and put on some kind of hold. My question is this: what am I supposed to do with my kids when I get my surgery? I will lose use of right hand for 6 weeks, and I also have invalid parents who are dependent on me on a daily basis. I don't have the money to hire help, and have no relatives to help me with kids. If it wasn't for the misdiagnosis of the first doctors I had who saw nothing wrong with x rays my broken hand would not have fused back together wrong leaving me in constant pain and requiring that I put my immediate family thru this nightmaret


Asked on 4/04/08, 2:03 pm

2 Answers from Attorneys
ARMAN MOHEBAN LAW OFFICES OF ARMAN MOHEBAN

Re: medical malpractice?

I recommend that you settle your case ASAP at a conclusion of AME or panel QME and you may delay the surgery or request a cash equivalent of as future medical. Call us at 213.388.7070 for a free consultation.

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Answered on 4/15/08, 9:09 pm
George Shers Law Offices of Georges H. Shers

Re: medical malpractice?

WC does not pay for those types of benefits. Although tell adjuster that if they can help out some how then they would have to pay you less because would be P & S sooner.Check with state agencies if they can help. You do not have, in general, the ability to sue for malpractice related to a WC case. But your problems also do not sound like carpel tunnel.

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Answered on 4/15/08, 12:04 am


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