Can you sue a work comp doc in missouri for malpractice or are they protected under worker compensation law?

I was in a wreck in my company truck was sent to ER then to work comp doc. He told me I was fine and sent me back to work. I still had trouble and advised him several times. It took him a 3weeks after my wreck to due mri of my neck and send me to a neck specialist, the specialist stated that work comp doc underdiagnoised me.I also suffered shoulder injury and was not sent to doc or have an mri till 4months after my wreck. Had to have rim rant tear fixed. Having trouble recovering.

Asked on July 6, 2009 under Malpractice Law, Missouri


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

Answered 11 years ago | Contributor

I think you need to talk to a lawyer about your entire case here.  I'm not sure of the answer about your original workers comp doctor, either about whether he can be sued at all or whether he's committed malpractice.  Not every mistake a doctor makes is malpractice;  to win a case like that, you have to show that the doctor deviated from the accepted standard of care, and it usually takes another doctor to testify to that as an expert witness.

You should also talk to the lawyer about a "third party suit," if the wreck wasn't your fault.  You can't sue your employer or a co-worker for an on-the-job injury, but if someone else was to blame, they're not protected.

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