Workplace injuries can significantly impact your quality of life, so it is essential that if you incur an injury on-the-job, you receive the best healthcare as quickly as possible for your recovery. What happens if, because of your doctor’s negligence, that isn’t the case, though? Workers’ compensation protocol maintains rules and regulations about which medical practitioners an insurance company must pay and sometimes an individual’s preferred choice for care is not covered. The majority of the time, doctors who are assigned to care for injured workers are extremely knowledgeable about the proper treatment plans, however there are some instances when medical malpractice can lead to a more serious, or even permanent, injury for the worker. If the care you received for a workplace injury has further negatively impacted your health and ability to work, you may be eligible to file a medical malpractice claim. 

What is Medical Malpractice?

Medical malpractice happens when the doctor assigned to your case doesn’t act within the proper standards of care which results in a worsened or unresolved condition. Under Georgia Workers’ Compensation Law, an injured worker cannot file a medical malpractice claim against a physician assigned to their case so the claim must be filed separately from a workers’ compensation claim. Medical Malpractice is not present if a doctor is unable to perform care that returns you to your pre-injury condition, instead to have a legitimate medical malpractice claim, you must prove that the doctor treating you did not meet the professional guidelines for healthcare and it caused you further harm. If you have suffered from a workplace injury and have experienced negligence by your doctor in your recovery, you are able to file both a workers’ compensation claim and a medical malpractice claim. 

How to File a Claim

There are several requirements in order to file a medical malpractice claim. If you are able to prove all of these requirements, you likely have a very good case for a medical malpractice claim: 

• Plaintiff must show that a doctor-patient relationship existed
• Plaintiff must show the doctor was negligent (this goes beyond just being “unhappy” with your care, you must show the doctor deviated from the established medical standards).
• Plaintiff must show the doctor’s negligence caused or worsened the injury
• Plaintiff must show the injury led to specific damages (physical or mental pain, medical bills, lost earnings)

Negligent Care 

Georgia law has stringent regulations and protocol to ensure trivial lawsuits are not brought against doctors, however, if you have experienced medical malpractice in relation to your workplace injury, it is important that you seek immediate help. The prolonged damage to your injury can worsen the symptoms beyond repair. If you have suffered from a work-related injury and are now under the care of a negligent healthcare professional, contact Poirier Law Firm for a consultation today.