How medical malpractice can impact payment of workers’ compensation benefits in Michigan.
Crain’s Detroit Business published an interesting article about medical errors in Michigan hospitals. Michigan ranked 21st in the nation with only 23.8% of surveyed hospitals scoring an “A” rating for patient safety. Ouch!
We sometimes have clients who are the victim of medical malpractice. What happens when a medical error causes a person’s condition to become worse or prolong their disability? This can become a serious issue in a workers’ compensation case.
People on workers’ compensation have the same legal rights as anyone else. They can file a lawsuit for medical malpractice and seek damages from a negligent doctor or hospital. This includes compensation for pain and suffering.
Workers’ compensation benefits continue even if a medical error has caused a more significant injury. This includes payment of lost wages and medical care. A minor work accident could turn into life-threatening medical condition.
The insurance carrier for workers’ compensation must be paid back if a medical malpractice lawsuit is successful. Reimbursement is based upon a complicated formula that includes an initial cash payment and a reduction of future wage loss benefits. Sometimes the amount paid back can be negotiated to a more favorable number.
Medical malpractice cases are very difficult and expensive to litigate. It is important to find a lawyer who devotes his or her practice to that specific area of law. We recommend hiring both a medical malpractice and workers’ compensation lawyer. This will guarantee the best possible recovery and lowest payback.
Michigan Workers Comp Lawyers never charges a fee to evaluate a potential case. Our law firm has represented injured and disabled workers exclusively for more than 35 years. Call (855) 221-2667 for a free consultation today.
Selecting your own doctor under workers compensation
Photos courtesy of Creative Commons, by cote.