Get Your Case Reviewed by a Medical Malpractice Attorney
Enter Your Zip Code to Connect with a Lawyer Serving Your Area
Enter Your Zip Code to Connect with a Lawyer Serving Your Area
Does using workers comp to pay for procedure change who I can sue in the case of malpractice?
Question:
Does using workers comp to pay for procedure change who I can sue in the case of malpractice?
This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.
Talk to a Medical Malpractice Attorney
Tell us a little about your injury & get a local Malpractice Lawyer to review your case for Free.Get Informed - Medical Malpractice Laws & Information
- Medical Malpractice Basics - Learn about the basic elements of a medical malpractice case.
- Types of Medical Malpractice - Learn about the most common types of medical malpractice related injuries.
- Key Legal Issues in Medical Malpractice Cases - Find out what legal elements must must exist for a legitimate medical malpractice case.
- Diagram of a Medical Malpractice Case - Get information on the steps involved in pursuing a medical malpractice claim.
- Birth-Related Medical Malpractice - Childbirth injuries are among the most common reasons a medical malpractice case will arise.
- State-by-State Medical Malpractice Laws - Learn about the time limits to file a malpractice claim, limits on money damages, and other state specific laws.
The question of, “Medical procedure paid with workers comp: who can i sue for malpractice?” has an answer that can vary. There could be several parties you could sue, depending upon the type of malpractice committed and the initial injury sustained.
The following 4 parties could all be responsible for your injury, with the most likely to be responsible listed first:
The physician you saw for treatment of your workers comp injury will be the most liable and responsible for malpractice.
The physician’s insurance company (provided he/she carries medical malpractice insurance) will likely join him/her in a lawsuit that you file against him/her. This is a simple court procedure that does not weaken your claim in any way. Medical malpractice insurance companies are responsible for paying damages to patients who are injured by the companies’ customers.
The worker’s comp association who recommended you see the physician who committed malpractice could also be responsible for your injuries and damages. Workers’ comp associations have lists of approved providers in order to keep their costs low and to provide adequate medical treatment for workers who are injured on the job.
Your employer could be responsible for your injuries because he/she is associated with the workers compensation association that you used to seek initial treatment. If the employer was remiss in any way for choosing that specific association or relying on them to provide treatment for your injuries, the employer could also be responsible for the cost of your injuries.
Talk to a Medical Malpractice Attorney for a case review, and get legal advice regarding your options under medical malpractice laws and workers’ compensation laws.
References: