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We have a workers comp lawyer and have already signed the stipulation. I’m wondering if you can even have a medical malpractice case if it’s workers compensation. are you allowed to sue for malpractice if it’s workers compensation? I’m not sure if the new doctor is willing to testify or not that the other doctor did not do his job, we have not aked him that bluntly yet.
Asked on May 13, 2009 under Malpractice Law, Pennsylvania
B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
I'm not a Pennsylvania attorney. My brief review of the Pennsylvania statutes available on the internet, which are noted as unofficial, doesn't show anything in the workers compensation statutes that makes a doctor immune from malpractice liability because it is a compensation patient. I've never heard of an immunity like that, but I cannot tell you that it absolutely does not exist. I would be surprised, though, if there were anything like that.
Some doctors become very cold and uncooperative when they hear the word "malpractice" or anything that suggests it. If you are trying to re-open your compensation case, you would lose nothing by not getting into the malpractice question with the new doctor, until after he or she has gone on record with what you need for the compensation case.