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The Arizona Court of Appeals issued a published decision on 4-21-09, William Ritchie et al. v. Scott Krasner, MD, No. 1 CA-CV 08-0099, holdling that a defense medical examiner has a duty of reasonable care to a claimant examined for a workers' compensation claim. In this med mal wrongful death case the DME was held negligent and liable for 28.5% of the award for telling the claimant that he did not need any further treatment and could RTW without restrictions when actually the claimant needed immediate cervical spinal surgery. The 8 month delay in the surgery resulting from the doctor's false opinion caused damage to the spinal cord. The claimant developed chronic pain syndrome and died 4 years later from a medication overdose. The Court upheld the liability of the doctor for the CPS and for the death as well. Hopefully Hawaii will soon follow suit and hold these"insurance company doctors" responsible for their opinions.
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