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re: sold out or not???
#11
I was wondering if I could jump into this thread and ask for everyone's opinions on something similar. If the I/C refuses or prolongs a treatment that all the Drs. said is absolutly needed, and I become permanently impaired because of it (and I have Dr's. notes saying that my new injuries are directly due to not getting the help that I needed), could a I get a personal injury lawyer to sue the I/C? If anyone has sued them (or the employer) could you tell me if it is best to wait until you settle with W/C?

Any thoughts would be greatly appreciated.
 
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#12


Foster>>>i can't answer your question. Not knowledgable enough.


Malski.........BB is 100% right. My husband filed a medical negligence suit against a hospital, nurse, pharmacy and hopital Dr. for administering a known allergin to him and causing anaphylaxis. ALTHOUGH the surgery he had had was a direct result of his WC case (not the original injury but a complication) his attorney filed it not in with his WC case but as a medical negligence. This is not a third part case but strictly a medical negligence case. Best of luck.

CAP
 
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#13
I agree with everybody else. If your Dr was employed by your employer ie. under their payroll, then maybe you could sue your employer. Otherwise it would be like suing your personal IC for putting a that Dr on their provider list. Of course I could be wrong.
I know that God will never give me more than I can handle.
I just wish he didn't trust me so much.
-Mother Teresa
 
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#14
jdx4 Wrote:I agree with everybody else. If your Dr was employed by your employer ie. under their payroll, then maybe you could sue your employer. Otherwise it would be like suing your personal IC for putting a that Dr on their provider list. Of course I could be wrong.

thank you for responding. here is the scenario I was injured at work, as a condition of my employment I was sent to comp Dr. that injured a part of my arm that was not at all injured during the assault. I am suing her in a mal practice suit. But now the wc IC is contending they are not responsible for that injury. But they are because it is still work related no matter who did it. It was a condition of my emplyment. Its like traveling in a company car on company time and some one slams into you. your employer is still liable because it was on company time, and a condition of employment that you travel within your job description. so how is my case any different this is what I don't understand one case should have nothing to do with the other. If I recover damages from the comp dr. then the insurance carrier can recover I thought that is how the system is designed. I am so confused.lol
 
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#15
capricorn Wrote:

Foster>>>i can't answer your question. Not knowledgable enough.


Malski.........BB is 100% right. My husband filed a medical negligence suit against a hospital, nurse, pharmacy and hopital Dr. for administering a known allergin to him and causing anaphylaxis. ALTHOUGH the surgery he had had was a direct result of his WC case (not the original injury but a complication) his attorney filed it not in with his WC case but as a medical negligence. This is not a third part case but strictly a medical negligence case. Best of luck.

CAP
Thanks Cap Then am I to understand a third party suit is a continued suit while on comp. and a strictly negligence suit has nothing what so ever to do with comp. I should change my screenname to perplexed and forlorn lol
 
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