In the South Carolina workers’ compensation system, your employer has the right to choose your healthcare provider. So, what happens when the doctor commits malpractice? Can you sue them?
Experienced Greenville medical malpractice lawyer Robert “Bobby” Jones explains medical malpractice in workers’ compensation care.
Can You Sue Your Workers’ Comp Doctor?
Yes, in cases of malpractice, you can sue a workers’ compensation doctor for negligence. The same standards for professional medical services apply to workers’ compensation doctors as they do to all healthcare professionals.
If the doctor doesn’t provide qualified healthcare, they may be liable to the victim for harm. A lawyer can represent you in suing a workers’ compensation doctor for malpractice in SC.
Can you get additional workers’ compensation if you’re the victim of medical malpractice from a workplace injury?
Yes. If a person receives medical care for a workplace injury and the workers’ compensation doctor commits malpractice, that malpractice is considered part of the workplace injury. In South Carolina, injuries that are the natural result of an on-the-job injury, including subsequent malpractice, are included in a workers’ compensation claim.
When there is medical malpractice in workers’ compensation, the victim may receive additional benefits, which may include medical care, replacement income, and reevaluation of an impairment rating. See S.C. Code § 42-15-70.
What Is the Role of a Workers’ Compensation Doctor?
The role of a workers’ compensation doctor is to treat an employee injured in a workplace accident. This treatment must include medical, surgical, hospital, and other care/treatments to:
- Cure
- Give relief
- Lessen the period of disability
The goal is to return the person as closely as possible to their pre-injury condition. The role of the workers’ compensation doctor is to diagnose and treat workplace injuries.
When Can You Sue a Workers’ Compensation Doctor in South Carolina?
You can file a lawsuit against a workers’ compensation doctor in South Carolina if they commit medical malpractice. The standards for malpractice are the same for these healthcare providers as they are in other healthcare settings.
The laws governing medical malpractice in the workers’ compensation context are outlined in S.C. Code § 42-1-550, 42-1-560(b). According to these laws, workers’ compensation benefits are not influenced by third-party liability, except for the employer.
To successfully sue a workers’ compensation doctor for medical malpractice, you must demonstrate that you suffered harm beyond your initial injury.
Reasons to sue a workers’ compensation doctor
Reasons you might sue a workers’ compensation doctor include:
- Inaccurate or delayed diagnosis
- Failing to authorize treatment
- Downplaying injuries
- Operating on the wrong body part
- Object left in the body
- Medication errors, drug interactions
- Purposeful harm
- Lying about treatment
Because workers’ compensation doctors are hired by insurance companies, they may feel pressured to understate care. This behavior is unacceptable.
Can you sue the employer for medical malpractice during workers’ compensation treatment?
No. If you’re the victim of medical malpractice during workers’ compensation treatment, you cannot sue your employer. You can sue the doctor responsible, but not the employer. However, these new injuries are added to the workers’ compensation case, and the employer must provide benefits for them.
Case Law on Medical Malpractice in Workers’ Compensation
Hardee v. Bruce Johnson Trucking Co., 293 S.C. 349 (Ct. App. 1987): The victim worked for a trucking company. A back injury at work led to surgery that was performed negligently. Complications followed. The court said that a victim may enforce their rights against a third party that commits malpractice. See S.C. Code § 42-1-560(b).
Whitfield v. Daniel Constr. Co., 226 S.C. 37 (1954): A 33-year-old steelworker suffered a scalp laceration at work. They received stitches and pain medication and returned to work. Later that day, they ran their vehicle off the road, crashed into a guard rail, and died. The court said that the employer is liable under workers’ compensation for unexpected effects of medical treatment. Natural consequences are compensable, absent an independent intervening cause.
Tatum v. Medical University of South Carolina, 346 S.C. 194 (2001): The injured person was an employee of the Medical University of South Carolina. They were referred to an MUSC physician for treatment. Later, the injured party sued for medical malpractice. The court said that they could not sue because the negligent physician worked for the employer. Note: This is an unusual factual scenario and contrary to the application of law in most cases.
Changing workers’ compensation doctors
It’s important to remember that you can request to change doctors. You may ask the employer to approve the change, or you can request a hearing, citing medical malpractice as your reason.
What To Know About Medical Malpractice in Workers’ Compensation
If you are the victim of medical malpractice in workers’ compensation treatment, you can sue your workers’ compensation doctor. However, there are procedural steps you must follow. The employer may have a lien against the recovery for costs.
How Malpractice Differs From a Workers’ Compensation Dispute
When there is medical malpractice in workers’ compensation, the procedure for the malpractice claim is different from the standard workers’ compensation process. Workers’ compensation is an administrative procedure. It does not start with filing a claim in court. When you sue a workers’ compensation doctor for negligence, the case goes straight to court.
You can sue a workers’ compensation doctor for malpractice by starting with the Notice of Intent that’s required in all medical malpractice cases. There are then preliminary proceedings, followed by a court filing.
See more: How Does a Medical Malpractice Lawsuit Work in SC?
Proving Medical Negligence in a Workers’ Compensation Context
Proving medical negligence in workers’ compensation starts with showing a physician-patient relationship. Typically, this is easily proven with treatment records.
You explain what medical care should have been provided and show how the doctor acted negligently. This must be addressed in the context of diagnosing and treating the injuries covered by workers’ compensation.
See more: Proving Negligence in Medical Malpractice
Filing a Medical Malpractice Claim After a Work Injury
To receive compensation for medical malpractice by a workers’ compensation doctor, you must file a claim. In the workers’ compensation context, deadlines and timelines can vary from other medical malpractice claims. (For example, § 42-1-540(b), establishing a one-year statute of limitations for third-party claims after the carrier accepts liability).
Contact an Experienced Greenville Workers’ Compensation Lawyer
Can you sue a workers’ compensation doctor for malpractice? Get answers. Get the legal representation that you deserve. Bobby Jones Law represents people who are injured on the job. When you are the victim of medical malpractice during workers’ compensation care, you are injured twice. Lawyer Robert “Bobby” Jones can represent you.
