Or does it still fall under worker's comp, and let my worker's comp attorney handle the matter? Or can I hire a personal injury attorney for that?
Sounds like a *potential* medical malpractice case. Consult with a competent, experienced med mal attorney immediately about the situation and your options, and of course keep your comp attorney in the loop.
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Since you already have an attorney, you should let him or her know exactly what happened. He or she can then best advise you how to proceed, and whether you need to look at filing a separate claim for the fall. Best of luck to you.
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Generally speaking if you were injured during the course of your workers compensation treatment that injury may be covered by workers comp. You may also be able to pursue a personal injury or medical malpractice claim at the same time, depending on the facts of the fall. If workers comp covers your treatment for the injuries you sustained from the fall they would probably be able to get reimbursed from whatever you get from a personal injury/malpractice claim. You need to talk to an attorney in person.
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The fall off the Mri table would be considered a workers' compensation accident, if you were injured. You should report it immediately as such and claim all medical bills, out of pocket costs asap. Now, both you and your employer ( and their wc insurance carrier) have a potential claim against the Mri facility. You have the right to sue initially, but, should you fail or choose not to pursue the action, the employer and their wc carrier can file a suit in your name. Remember, you only have two years to file a lawsuit for the malpractice, so see an attorney asap if you have any significant injuries from the fall.
You have an attorney working for you, you should ask him your questions. Chances are injuries encountered during the MRI session will be paid for by workers compensation. However, if there is a party liable for causing you to fall off the MRI table, you may have a claim against them as well. Worker's Compensation will come with their hand out later to collect on their lien. Speak with your attorney.
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Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
Legal Disclaimer: If this information has been helpful, please indicate below. Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
Sorry to hear about how your MRI visit went from bad to worse.
However, there are several factors that may influence the recourse you have for your case.
The details are not completely clear but it’s not likely going to be a workman’s compensation claim. In Texas, we would file that as a Healthcare Liability claim; in which case you would retain a medical malpractice attorney. Best to consult your WC lawyer first.
Reason being, if you slipped and fell at work while performing the function of your job (which may be why you are having the MRI to begin with) you clearly do have a possible personal injury case.
However, you were not at work when you fell off the MRI table, you were being treated medically. Hence you were not in function of performing your job. Here the description may be key to whether it is a WC claim or a Healthcare Liability claim.
Second generally, what really matters is HOW you fell off the MRI table. Since they don’t spin or rotate and patients are generally safe on an MRI table- your lawyer would have to know what actually happened and if there were any witnesses. If there was a malfunction of the table or safety belts, there may be a manufacturers defect claim.
Third, if you were not secured properly to the table and due to the extenuating circumstances you will describe, you were propelled off the table due to the error of a medical professional, there may be in place, again, the elements of a medical malpractice claim.
Your question did not include many of the details that would assist any lawyer to be more direct and on target with the answer.
Best to meet with a Personal Injury lawyer as soon as possible.
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