QUESTION
Can the doctor and insurance company be sued for denying an injured employee medical treatment?
Asked on Aug 24th, 2011 on Personal Injury - California
More details to this question:
If a workers comp insurance company and their doctor denies an injured employee proper medical treatment and the result is chronic regional pain syndrome and total loss of use of an arm, can the doctor and insurance company be sued for damages? There are available medical records and doctor's statements in support of this allegation.
12 ANSWERS
Alternate Dispute Resolution Attorney serving Edmond, OK
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Woska Law Firm, PLLC
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You need to immediately consult with an experienced Workman's Comp attorney to evaluate your claims. The answers to these questions are very complex and need attention beyond what is available here.
Answered on Sep 01st, 2011 at 9:11 AM
Steven D. Dunnings
You need to file an action with the workers comp board.
Answered on Aug 31st, 2011 at 9:24 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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A doctor can be held liable for malpractice if it can be shown that he/she failed to follow accepted procedures. As for the insurance company, it might be possible if certain facts could be brought to bear, but they would likely get off the hook.
Answered on Aug 29th, 2011 at 1:03 PM
Criminal Law Attorney serving Worcester, MA
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Gregory Casale, Attorney at Law
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Only if they were negligent or intentionally trying to hurt you in doing so.
Answered on Aug 29th, 2011 at 11:12 AM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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I doubt you could prove it to a jury, so no, there is no independent claim against the doctor or wc insurer. If you have RPS, then don't settle your case without a lawyer. Apply for Social Security Disability Benefits if you have been off work at least a year.
Answered on Aug 26th, 2011 at 6:36 PM
You should consult with and/or retain a plaintiff's worker's compensation attorney for legal vrepresentation.
Answered on Aug 26th, 2011 at 11:34 AM
Personal Injury Law Attorney serving Naperville, IL
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Law Office of Barry R. Rabovsky
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We would be happy to provide you with a free consultation if you call my office at either of the numbers listed below. If my office accepts your case, there is no fee charged unless we are able to obtain a settlement for you.
Answered on Aug 26th, 2011 at 11:22 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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There may just be a difference of opinion between doctors. But if it is deliberate (why would they do that?) you might consider suing the doctor for failure to diagnose. You must have your own doctor who agrees with you to be successful
Answered on Aug 26th, 2011 at 10:52 AM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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I cannot answer the question based solely upon that hypothetical. You need to consult with a good workers' compensation lawyer in your area.
Answered on Aug 26th, 2011 at 10:42 AM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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I think not. They did not owe you a duty like you own doctor would.
Answered on Aug 26th, 2011 at 10:42 AM
Workers Compensation Attorney serving West Palm Beach, FL
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You probably won't have a case against the insurance company but u may have case against doctor. Call medical malpractice attorney
Answered on Aug 26th, 2011 at 10:26 AM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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You should contact a workers compensation attorney who would be best equipped to answer your question.
Answered on Aug 26th, 2011 at 9:31 AM