Corona, CA asked in Medical Malpractice and Workers' Compensation for California

Q: Do I have a workers comp case against my school district? Also do I have a medical malpractice case against my surgeon?

Back in June, a student threatened me and overturned my desk. Administration put great pressure on me to pass the student. Now I have been on medical leave since school year started in Aug for neck. Had neck surgery 11/8/2019.

I am making no progress, in tremendous pain do to misdiagnosed.

In process of being diagnosed for multiple sclerosis. Stress adds to MS. I went through hell the last two weeks of school with this school and student. Being threatened my administration to pass him.

Do I have a case against my school district once diagnosed fully with multiple sclerosis? As stress plays a part of MS.

Also against my neurosurgeon? He continued to tell me that I am a complicated case, but never stated why my neck was causing this pain? or what was wrong with my neck. Now finding out, I have MS, why neck surgery was not the answer.

1 Lawyer Answer
Ronald Mahurin
Ronald Mahurin
  • Workers' Compensation Lawyer
  • Point Arena, CA
  • Licensed in California

A: Medical Malpractice is not WC, so you need a different forum. Probably not malpractice for failure to say why you are in pain. As for workers comp, you can always file a claim. For psyche cases you must meet the 50% threshold. In your case you have waited 6 months to file, and this case you have MS, so I think you will have difficulty. In other words, it will be a long drawn out litigation and you won't see any benefits for some time. Best you lawyer up.

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