When you wake up each morning and head to work, you never expect that you will incur an injury on-the-job. Although many safety precautions can be taken to avoid workplace injuries, sometimes accidents happen. To help treat and heal your injury, you place your trust in a doctor so you can return to work in as little time and with as little damage as possible. In some cases though, a doctor’s poor judgement can actually worsen the effects of your workplace injury. The workers’ compensation system controls which doctors you can visit for treatment based on who is covered by insurance, however, if you receive poor treatment from a doctor who is authorized, you likely have the grounds to argue a medical malpractice claim.
What is Medical Malpractice?
Medical malpractice occurs when the authorized physician assigned to your case fails to act within the established standards of care which resulted in additional injury or exacerbation of your ongoing condition. Medical malpractice can often be prevalent in workers’ compensation cases because injured workers are restricted to the doctors they can use for treatment, meaning it is more difficult for them to thoroughly research different doctors and choose the treatment plan they feel is right for them. The diminished access to varying opinions can unfortunately be detrimental to an employee’s injury if he or she receives care from a doctor who is either negligent or uninformed about the proper protocol for treating a given injury. If you feel like you may be in a situation in which medical malpractice is present, you can file a claim. Since medical malpractice is quite serious, there are several requirements that must be met in order to file a claim:
- Must show a doctor-patient relationship existed
- 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).
- Must show the doctor’s negligence caused the injury (or exacerbated it)
- Must show the injury led to specific damages (physical pain, mental pain, medical bills, lost earnings)
Be aware that the Georgia workers’ compensation system does not allow individuals to file medical malpractice claims against doctors who are not authorized under insurance. In addition, a physician’s inability to return you to your pre-injury condition does not establish medical malpractice. It must be deficient medical service to merit the pursuit of both a medical malpractice claim and a workers’ compensation claim.
Seeking Help
If you were injured on-the-job and received treatment that you believe worsened your condition, you should seek legal counsel immediately. Although there are restrictions within the workers’ compensation system regarding treatment of injuries, you deserve top-of-the-line care to ensure that you are able to return to your normal life and work duties as quickly as possible. Poirier Law Firm has been fighting for employee rights for over 20 years. We can help determine if your case could be classified as medical malpractice and if so, how to win the compensation you deserve.