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

by | Dec 31, 2017 | Personal Injury | 0 comments

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.

Christopher Trainor and Associates Featured on WXYZ

Recently Christopher Trainor and Associates was featured on WXYZ 7 Action News in Detroit regarding a client's case against the Detroit Police Department in which the client was wrongly arrested and held in jail. The full article and can be found on the WXYZ website.

St Joseph, MI – Injuries Result from Wreck on I-94 near Martin Luther King Dr

St Joseph, MI (March 25, 2022) - A major car crash happened on an interstate in St Joseph on the afternoon of March 20. At approximately 5:10 p.m., an unspecified number of vehicles collided on Interstate 94. Reports show the accident happened on I-94 near Martin...

Zeeland, MI – Auto Accident on Fairview Rd at Washington Ave Ends in Injuries

Zeeland, MI (March 25, 2022) - An auto accident happened on the morning of March 25 in Zeeland that resulted in injuries. The wreck occurred shortly after 8:00 a.m., according to reports.  Sources say the collision took place on Fairview Road near Washington...

Paw Paw, MI – Major Car Crash on M-43 between 37th & 40th St

Paw Paw, MI (March 25, 2022) - A motor vehicle accident occurred in Paw Paw on the morning of March 23 that required an emergency response. The incident was reported to authorities in the area at around 12:21 p.m. Various responders were observed at the scene of the...

Romulus, MI – Motor Vehicle Collision Causes Injuries on I-94 near Vining Rd

Romulus, MI (March 25, 2022) - At least one person was hurt in a crash reported in Romulus on March 25. At approximately 12:55 p.m., police were dispatched to the scene of the wreck located on Interstate 94.  Responders including paramedics, fire crews, and...

Holland, MI – Injury Accident on Waverly Rd at 48th St Requires EMT Dispatch

Holland, MI (March 25, 2022) - On the morning of March 25, at approximately 6:55 a.m., a car accident in Holland required an emergency dispatch.  Reports indicate that a vehicle collided with a pole near 48th Street on Waverly Road.  To assist the injured...

Jackson, MI – Serious Car Accident on M-106 near Deweese Rd and Hawkins Rd

Jackson, MI (March 25, 2022) - Police officers in Jackson were dispatched to the scene of a major car crash on Friday, March 25. According to local officials, the collision happened at approximately 4:00 p.m. on M-106. While emergency personnel rendered aid to those...

Detroit, MI – Police Dispatched to Crash Scene on I-96 near Davison St

Detroit, MI (March 25, 2022) - On March 25, at least one person was injured in a car accident in Detroit. The wreck was reported to officials in the area at approximately 10:50 p.m. According to information from reports, the accident occurred on I-96 near Davison...

Wyoming, MI – Major Accident on 28th St near Clyde Park Ave

Wyoming, MI (March 24, 2022) - Highway patrol officers and first responders were called to the scene of a vehicle collision on March 24 on 28th Street in Wyoming. Reports show that an unspecified number of vehicles collided in the area, resulting in the injury of at...

St Clair, MI – Siblings Killed in Wreck on Kinney Rd near Burt Rd

St Clair, MI (March 24, 2022) - A brother and sister were killed in a two-car crash on Thursday, March 24 in Riley Township. The incident was reported north of Interstate 69 on Kinney Road near Burt Road.  Three people were also hospitalized with injuries,...