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How do Medical Malpractice Claims with Workers’ Compensation work?

How do Medical Malpractice Claims with Workers' Compensation workIf you are unwell because of an accident or conditions at work, it may be time for you to start the process of trying to find the best medical malpractice lawyer Baltimore, MD has to offer.

If you were hurt at work, you were most likely referred to a doctor endorsed by your employer’s workers’ compensation insurance company for treatment or diagnosis. Just like any other doctor, a workers’ compensation doctor is held to certain standards of care and can make mistakes regarding your treatment. If a workers’ compensation doctor fails to meet a standard of care and causes you further injury, he or she will be vulnerable to a medical malpractice claim. As you may know, a medical malpractice claim is available to plaintiffs who have been hurt by certain mistakes made by doctors during the course of treatment or diagnosis. When one or more of these mistakes has happened to you or someone you care about, it may be in your best interest to enlist the help of a Baltimore, MD medical malpractice lawyer.

If you believe you suffered further injury at the hands of the doctor you were seeing as a result of an on-the-job injury covered by workers’ compensation, you should consider consulting with a qualified and experienced medical malpractice lawyer immediately. An experienced  medical malpractice lawyer will be able to analyze the facts of your case, determine whether you have a claim against your workers’ compensation doctor, and can help you file your claim. In the meantime, here are a few questions and answers for you to consider regarding the interaction between workers’ compensation and medical malpractice:

  • If I am hurt by my workers’ compensation doctor, is my employer’s workers’ compensation insurance still on the hook for the cost of the additional treatment I need? In short, probably. Depending on the law of your state, just as your employer’s workers’ compensation insurance company may be responsible for paying for the treatment related to your qualifying workplace injury, the insurance company may also be responsible for paying for any treatment you require if you were hurt during the course of such treatment by your workers’ compensation doctor.  A Baltimore, MD medical malpractice lawyer is the best person to ask for how this may apply to your particular situation.

 

  • Do I have to keep seeing a workers’ compensation doctor for treatment? If you were hurt by a workers’ compensation doctor that was selected by your employer’s workers’ compensation insurance company, you may have very understandable doubts about the quality of care you will receive from other doctors identified in by the same workers’ compensation plan. The answer to this question, however, can be complicated. Depending on the workers’ compensation laws of your state, you should certainly be able to choose a new doctor from a panel endorsed by your insurance company. If you have questions about how to choose a new doctor, which doctor from the panel may be best for you, and whether you can see your personal physician, you should consult with an experienced medical malpractice lawyer in the Baltimore, MD area who will best be able to make a sound recommendation for your care.

 

  • If I was injured during treatment for my workers’ compensation claim, do I still have a medical malpractice claim against my doctor? The answer to this question again depends on the law of your state, but the answer is, “most likely.” It is important to consider filing a medical malpractice claim directly against your doctor because the remedies available to you under a workers’ compensation scheme are likely very limited. In fact, you are probably only entitled the the cost of your medical treatment,  time you missed from work, and possibly some additional award related to any permanent disability you sustained. What may be in your best interest, is to pursue a medical malpractice claim with the help of a Baltimore, MD personal injury lawyer in the hopes of fully recovering for additional damages and all that you are entitled to be compensated for.

The interaction between medical malpractice and workers’ compensation claims is complicated and requires careful analysis and knowledge of both areas of law. Your best bet for making sure that you take advantage of all of the remedies to which you are entitled is to consult with an experienced lawyer in your area who can help you navigate your claim.

For a highly rated law firm that may have the best medical malpractice lawyer Baltimore, MD residents recommend, contact Cohen & Cohen for a free case evaluation.

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My experience with Cohen &Cohen was beyond my expectations. Jill did an amazing job with negotiating on my behalf and got me way more money than I anticipated. Thank you for having my back.
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June 23, 2022.
To say that I am happy with the outcome of my case is the understatement of the century! Jill Stanley is a BEAST at what she does. That is the only way to explain it. She takes no prisoners. She and her team are very skilled and knowledgeable. I am so happy I trusted them to do their job and rolled with Jill's suggestions. I would choose Jill again 100 times. She settled my case for more than I imagined I would receive. I was literally in tears. It is the best feeling to know my pain isn't for naught. Wayne Cohen and Kristopher Yorke were nothing short of amazing. They have the patience of saints. I'm 100% certain that I got on their last nerves with my frustration and tears at every other call I had with them. Being in pain and wanting to just be able to heal was all I could focus on, but they helped me realize that I also had to focus on the bigger picture (the case) so I could put this piece behind me. As a high-strung individual with anxiety, it was hard for me to not worry and let them do their jobs, but they reassured me all of the time that they had this. To be injured before the start of the pandemic and have to receive regular, weekly treatment while others are able to stay home is anxiety inducing. I was in pain, I was anxious, and I was just hoping it all worked out. It more than worked out. I hope Jill, Siri, and Kris know how much their hard work and "hanging in there" meant to me. I am eternally grateful. I can't recommend you all enough. If you choose this law firm, you won't be sorry!
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