Medical Malpractice and Workers Compensation

UPDATED: May 13, 2009

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Medical Malpractice and Workers Compensation

my husband just signed a stipulation for his wokers comp case 1 month ago. He went to a new doctor and explained the situation to him. My husband and the new dr. feel that the old dr. rushed his care and his return to work. my husband feels like if the proper steps were taken he would not have had to go back to another doctor to have his injury fixed again. Is there anything we can do about this situation because it is workers compensation or does that limit everything?

Asked on May 13, 2009 under Malpractice Law, Pennsylvania


B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

If your husband did not have an attorney for his workers comp case, he needs to find one now.  One place you can look for a qualified lawyer in your area is our website,

You need to act quickly.  Sometimes cases can be re-opened, but the more time goes by, the harder it usually gets.  Whether you have a chance on this one depends on a number of facts, the "details" of the situation, including what the new doctor will testify to.

Whether the first doctor committed malpractice is a question that also needs detailed input from the new doctor.  Your workers compensation attorney may not want to address that, and I know that very few lawyers do both workers comp and medical malpractice.  The comp case is your first priority, because you have much less time to act on that one.

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