Folsom, CA asked in Medical Malpractice and Personal Injury for California

Q: Do I have a case? Is it malpractice/negligence?

I was a Registered Cardiac Sonographer

Injured on the job in Dec 2020

I had three MRIs - one with contrast was told I had a frozen shoulder and to come back in 2 years if I still could not move my arm.

Been through debilitating pain since 2020. Work comp is only providing $190/week because I was laid off during Covid.

I have a laundry list of work restrictions and cannot find a job.

Had my QME in June 2023 and was told that there were 2 tears that were not addressed. So I am trying to settle my comp case and have the surgery I need - with a 9 month recovery period after (per QME report)

I have lost everything - including my career.

2 Lawyer Answers
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Sacramento, CA
  • Licensed in California

A: I'm sorry to hear that you are experiencing this. Based on what you have described, it may be possible to have a case for medical malpractice or negligence due to the potential misdiagnosis and the delay in appropriate treatment which seems to have aggravated your condition. You should collect all relevant medical records, work records, and any other evidence, and consult with an attorney to discuss the potential merits of a case and to navigate the complexities of workers' compensation and potential malpractice claims; remember that California has a one-year statute of limitations from the date you discover the injury for medical malpractice claims. It is essential to act promptly to preserve your rights.

1 user found this answer helpful

Tim Akpinar
Tim Akpinar
  • Medical Malpractice Lawyer
  • Little Neck, NY

A: I'm sorry for your injuries and the ordeal they have caused. Being that you have a medical background, you already realize you have a very complex case involving multiple issues. Although you present a number of elements to sort out, a starting point may be to try to arrange a free initial consult with an attorney. Good luck

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.