Can I Sue a Worker's Compensation Doctor who Commits Medical Malpractice?

Although physicians are professionally trained and educated, they are not immune to erring in their work. For this reason, medical malpractice is a busy practice area for attorneys.

Workers’ compensation physicians, like many other medical professionals, often make mistakes, whether it’s failing to make a correct diagnosis or not meeting the standard of care while performing a procedure. Physicians’ errors do not often result in serious injuries; however, there are instances in which they do in fact produce profound harm or even death.

The Aftermath of an Error by a Workers’ Comp Doctor

Most folks are at least somewhat familiar with the concept of malpractice. In a medical context, malpractice means that a physician failed to use the standard of care necessary and therefore committed an error as a result. When approaching a malpractice case in the workers’ compensation realm, there are some key concepts to know and understand.

First, if a physician commits an error that produces harm, the workers’ compensation insurer is liable for the cost of medical treatment needed to fix the harm. Second, the injured individual may have an actionable malpractice claim against the treating physician who committed the error.

Consider a scenario in which a workers’ compensation insurance carrier covers the cost of surgery for someone injured on the job. If the doctor performing that surgery commits an error that results in serious harm, the workers’ compensation insurance company will be responsible for further expenses incurred because of the mistake as provided by Michigan law.

It may also be possible to pursue a separate medical malpractice claim against the doctor in addition to the workers’ compensation claim. Workers’ compensation benefits are limited in nature. They include medical benefits, partial wage loss payment, and partial disability benefits for life. However, no payment is made for pain, suffering, and other categories of loss in workers’ compensation claims.

A successful medical malpractice action, on the other hand, can yield substantial monetary compensation that might not be attainable in workers’ compensation cases. The key, however, is enlisting the help of an experienced attorney who possesses a vast amount of experience handling medical malpractice cases. The medical malpractice attorneys at Michigan Legal Center are here to protect your rights by ensuring that your case is handled promptly. Contact us today for a free case evaluation.