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.
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.
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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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