Michigan lawyer explains when it is possible to file a lawsuit against an insurance company doctor for medical malpractice.
Employees hurt on-the-job are entitled to workers’ comp benefits. This includes medical treatment, vocational rehabilitation, and lost wages. But there may be other potential claims that exist like medical malpractice. Some of our clients ask if it is possible to sue a workers’ comp doctor. We tell them yes, but only if you can prove some negligence on the part of the doctor.
Employees have the right to all reasonable and necessary medical treatment. This includes emergency room visits, hospital stays, doctor appointments, physical therapy, injections, medication, and surgery. Unfortunately, insurance companies get to pick the doctor for the first 28 days and sometimes mistakes occur.
Can you sue a workers’ comp doctor in Michigan?
In Michigan, you can sue a workers’ comp doctor if they violated the standard of care and caused additional damage. Insurance companies select doctors for the first 28 days. Employees are sent to industrial clinics and get subpar medical care.
It is not until they see their own doctor that a correct diagnosis and treatment plan is made. Employees can sue for medical malpractice if the standard of care was breached. Many of our clients get angry if a doctor selected by their insurance company refuses to order needed tests and/or sends them back to work too quickly.
Can you sue a workers’ comp doctor for medical malpractice in Michigan?
In Michigan you can sue a workers’ comp doctor for medical malpractice if they caused harm while performing and IME exam. Employees are frequently sent to an independent medical examination (IME). This is so the insurance company can get an opinion about causation and disability. IME doctors are often biased and will be used to cut-off benefits.
Can you sue an IME for writing a biased medical report?
IME doctors do not establish a doctor-patient relationship and they cannot be sued for giving a medical opinion. It is up to the employee to file an Application for Mediation or Hearing and challenge the dispute in court. A magistrate will review the medical evidence and determine if insurance benefits should be paid.
Insurance companies use the same doctors over and over again because they know what to expect. Many of these doctors make careers out of testifying against people and earn millions of dollars in the process. A person cannot refuse to attend the IME, or they forfeit workers’ comp benefits. It is important to know that you cannt sue a you sue workers’ comp doctor in Michigan for performing an IME unless there was some medical malpractice during the exam.
Hire an experienced workers’ comp attorney for free!
You can hire a workers’ comp attorney for free! There is no charge unless additional money is recovered. It is important to examine all potential legal claims including medical malpractice.
A lawsuit for medical malpractice does not mean that benefits stop. It just means additional damages can be recovered from a negligent doctor. This includes money for pain and suffering. The insurance company who is paying benefits may assert a lien against any recovery. Speak with an experienced attorney to make sure any lien is valid and to reduce what needs to be paid back.
Injured on the job in Michigan? Contact our lawyers now
If you were injured while on the job in Michigan and are wondering if you can sue your workers’ comp doctor or if you any other questions about your claim, call now or fill out our contact form for a free consultation. There is absolutely no cost or obligation. Our attorneys are here for you.
Our attorneys have been exclusively helping injured workers in Michigan for more than 35 years. Our attorneys can help you better understand Michigan work injury laws and what happens after someone has been hurt on the job. To see what our own clients have to say about the caring, compassion, and communication they received from us, you can read in their own words about their experience here on our testimonials page from clients we have helped.
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 (844) 316-8033 for a free consultation today.