Medical Malpractice and Workers Compensation

Michigan lawyer discusses what happens when medical malpractice occurs during treatment for a work injury.

Johns Hopkins is out with a new study regarding medical malpractice. Researchers found that a surgeon in the United States leaves a foreign object inside a patient’s body 39 times a week, performs the wrong procedure on a patient 20 times a week, and operates on the wrong body site 20 times a week. More information on this study can be found here.

This study highlights an important issue in workers compensation. What happens when a medical error makes a person’s work injury even worse? Here is some information about workers compensation and medical malpractice.

Damages for medical malpractice

Individuals who are on workers compensation have the same rights as anyone else. A claim for medical malpractice can be made against any doctor or hospital who makes a mistake. This includes seeking damages for pain and suffering.

If a medical error aggravates a person’s work condition, the employer or its insurance company must continue to provide medical treatment and wage loss under workers compensation. However, these additional benefits can be recouped from any medical malpractice settlement or judgment.

Recoupment is accomplished through a complicated formula that provides for immediate repayment and a reduction of future wage loss benefits. Attorney fees and other preparation costs can be subtracted.

What type of lawyer do I need?

Claims for medical malpractice are extremely complicated and costly to litigate. It is important to find a lawyer who devotes his or her practice to that type of case. We suggest you hire both a medical malpractice and workers compensation lawyer.

We have successfully negotiated with employers and insurance companies regarding their liens. Many will give up their portion of the recovery as part of a workers compensation settlement.

To speak with a Michigan lawyer who practices workers compensation, call (855) 221-2667 for a free telephone or office consultation. We never charge a fee unless you are successful with your case. We can also help you find a great medical malpractice lawyer.

Alex Berman is the founder of Michigan Workers Comp Lawyers. He’s been representing injured and disabled workers exclusively for more than 35 years. Alex has helped countless people obtain workers compensation benefits and never charges a fee to evaluate a case.

Related information:

Can I sue for pain and suffering damages under Michigan workers compensation?

Photo courtesy of Creative Commons, by aesop.

07/01/2013
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