Can a patient maintain a medical malpractice claim against a Workers Compensation Review Board?

Can a patient maintain a medical malpractice claim against a Workers Compensation Review Board?

The Supreme Court will hear a case later this year that could potentially expand the number of viable California medical malpractice cases. In King v. CompPartners, the plaintiff suffered injuries after a doctor on a worker’s compensation review board determined that he should stop taking the anti-anxiety medication his doctor had prescribed. He was not warned of the risks of stopping “cold turkey”, and suffered numerous seizures.

The 4th District Court of Appeals determined that a physician-patient relationship existed sufficient for the plaintiff to maintain a cause of action against the board. However, defendants appealed to the Supreme Court asserting that the patient could not maintain a tort claim, and that the California Workers Compensation Act preempted civil medical malpractice law.

Proponents believe that such boards owe a duty of care to patients, and should be held liable when their actions harm patients. As San Diego medical malpractice lawyers, we agree.

We strongly support patients’ access to justice in the courts as a way to seek redress for harm caused by negligent medical actions.

For more information or if you or a loved one has suffered harm as the result of negligent medical care, please contact the dedicated San Diego personal injury lawyers at Bostwick & Peterson, LLP.

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