Many Pennsylvania workers' compensation claimants ask us if they can sue the company's work injury doctors for malpractice. So many, in fact, that it becomes a strong comment on the poor standard of care common among occupational health doctors and medical providers.
In Pennsylvania Workers' Compensation claims, company doctors (including insurance-referred "occupational health" doctors and others) are focused on pleasing the employer and the insurance carrier, rather than on providing good or even sympathetic care to the injured worker. This means downplaying your work injury. This means stalling or avoiding ordering tests that might show serious injury. This may mean incorrect diagnosis, incomplete diagnoses, bad care and treatment, and of course, premature and unwise directives to return you to work, pushing you back into harm's way.
In some cases this kind of treatment will create a claim for medical malpractice. But there are many pitfalls in seeking to pursue a medical malpractice claim in connection with a work injury. The standard of care among occupational health physicians is just one major hurdle. Obtaining medical support from an appropriate doctor, willing to go on record to identify the company doctor's malpractice, is often hugely problematic. Distinguishing damages caused by the alleged malpractice, as opposed to the effects of the work injury itself, can also present challenges. Further, the workers' compensation insurance carrier may have a lien against your potential recovery from the negligent doctor. All of these factors, and many more, can combine to limit the value of any possible claim for medical malpractice against the work injury doctor.
In addition to the potential for malpractice claims, our attorneys can advise you regarding your options for getting free from the clutches of insurer-referred work injury doctors -- regardless of what the insurance representatives or your family doctor may be telling you -- before they can do serious harm to you or to your claim.
Still, for injured workers who endure further harm due to negligent care and medical malpractice from an insurance company doctor or the employer's company doctors, all options should be considered. Please call our offices today to discuss you situation and your rights and to discuss what we can do for you. Call us now at 484-453-8144.
CLIENT TESTIMONIALS:
I had a serious work related injury. I hired Tim after speaking with him and feeling completely at ease with his professionalism and demeanor. My case became complicated over time. Throughout the process I always felt that Tim had my best interest in mind. With every phone call or email, Tim was very informative and proactive, always explaining things in a way I could understand. He worked hard for me in his dealings with my employers insurance company. He did this so much so, the insurance company actually fired their own attorneys in the middle of litigation. In the end, Tim was able to negotiate a substantial settlement, including taking the burden off of me of an excessive amount of unpaid medical bills. I would highly recommend Tim.
- B (Workers Compensation client)
"I" truly, Love / Respect and Appreciate - "Attorney: Timothy James Kennedy" for, his (highly, professional / unselfish {going, above and beyond} / highly, dedicated) approach in working with, me / my, un-fortunate circumstance(s) and my (unfortunate), legal dilemma... and, will (with; every, opportunity) be highly, recommending his legal services to (all) family / friends and strangers found in-need of such, ser-vices!!!
"Attorney: Timothy James Kennedy" is (not, only) a, true professional -He is a, loving / caring / sharing human being who (not, only) cares about his, cases and reputation; but, cares (also) for the lives and the families of those he so-caringly and so-humbly, represents!!!
He will (always) be appreciated and will never - ever - be, forgotten. "I" (on, behalf of myself and my, family) appreciates the fact that, He was willing to stop-by and become, "The Good Samaritan" in our, lives!!!
- Michael (Workers Compensation Client)
Timothy is a really great lawyer. He knows what to do, and how to handle really sticky situations. When I first came to him, I had very little to back me up, but we mainly him lol pulled through and got the job done with GREAT results. If I could back in time I would still pick him as a lawyer 1000 times more. He took his time, talk to me like I was a person and not a dollor sign, and made lawyer jargon understandable english for me. I truely felt comfortable with him handling my case, and I never doubted him since the very first meeting. I also like that he gives his personal direct number to get in contact with him whenever you may need him, and he always responds if not that same day, the very next. The only bad thing I would have to say is its a shame I would have legal trouble to work with him again lol.
-Trina (Workers Compensation Client)
Highly knowledgable in the law with excellent people skills..I highly recommend Mr. Kennedy.
- Current Workers Compensation Client
As these testimonials reflect, we work very hard to satisfy our clients and to ensure the best results in handling their claims. Call us now to let us explain how we can help you advance your rights and interests, so that you too can become a satisfied client.
-Tim Kennedy
(484) 453-8144