Can I file a malpractice suit on a workers comp. case?

Asked almost 3 years ago - Hot Springs National Park, AR

I fell at work requiring surgery, 4 months after the first surgery it was found that the rotator cuff was still or retorn 7 months after the second surgery I went to a different doctor and found that the rotator was still or retorn along with other damage such as sever bone loss, due to supposivly grinding bone spurs. Does it sound like I have a case. I have been considered 21% disabled because of it.?

Attorney answers (3)

  1. Mark William Oakley

    Contributor Level 18

    1

    Lawyer agrees

    Answered . You can sue for malpractice if a doctor committed malpractice, and it is a separate claim from your workers' compensation claim; however, the worker's compensation insurer will have a right to be reimbursed for any workers' compensation benefits which they paid that are traceable to the malpractice claim. In other words, workers' comp must continue to pay for the disability, but if you recover money from the doctor for making your injury worse or more prolonged, then your workers' comp insurer has a right to recover any related benefits paid to you on account of those additional losses (e.g., medical bills, lost wages, etc.). Malpractice is more complicated than workers' comp. Contact a medical malpractice lawyer to review your potential claim. Unless the malpractice is clear cut and the damages significant, most med mal lawyers will pass on the case. But you certainly should get an opinion.

  2. Christian K. Lassen II

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . The problem with rotator cuff surgery is that there is a 30% retear rate. However, if you feel that there was malpractice, you should search Avvo for a personal injury lawyer in your city to discuss.

    Click on name or picture to see profile page.
  3. Daniel Paul Buttafuoco

    Pro

    Contributor Level 16

    1

    Lawyer agrees

    Answered . It is always best to find an experienced attorney and call for a free consultation. more information is need to accurately evaluate your claim.

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