Did Doctor & WC Case worker commit

[badpelv]

I was injured several years ago. I am currently receiving wc. The employer assigned an internal case worker. The case worker kept telling me that she would get back to me if services would be covered by the insurance company. The case worker influenced the Doctors care plan. Tests were delayed that could have shortened my length of recovery. The Doctor was so scared of the case worker that the full diagnosis was not discovered for 6 months. The doctor even included in her notes that she was awaiting approval from case worker on medical care. I developed a nerve condition so severe I felt suicidal for 2 years. I am finally recovering under treatment from someone else. My question is does anyone know if it is illegal for a Doctor to delay treatment because of a case workers actions. I am considering medical malpractice but I have no idea if I even have any case. I can't seem to find whether you can sue your wc doctor in Wisconsin.

[1171]

yes.
wisconsin allows medical malpractice suits.

whether you have a case or not probably depends on the evidence you have that your condition and health were damaged by the delays.
the damage would have to be substantial enough to warrant a malpractice lawyers time and expense in bringing such a suit.
the only way to find out is to contact a number of attys specializing in malpractice and show them your evidence.
you would also have to show that the delays were illegal, unreasonable or done in bad faith.
if delays had a legitimate legal basis under the comp laws, it would be very difficult to hold the doctor or the carrier responsible.
did you file for penalties with the comp board?
were you successful?

P.S. the employer will have subrogation rights against any third party claim e.g. right to reimbursement for their comp costs against any recovery.

[badpelv]

Not sure what you are referring to, our attorney has never mentioned penalties. I am getting compensation and medical, unable to work at this time.

Quote:did you file for penalties with the comp board?
were you successful?

P.S. the employer will have subrogation rights against any third party claim e.g. right to reimbursement for their comp costs against any recovery.

[1171]

the work comp act provides penalties for unreasonable delay of benefits.

you should discuss your malpractice questions with your atty; they maybe able to refer you to a colleague that can better evaluate your malpractice evidence.

[badpelv]

Thanks for your help.

(03-19-2012 04:44 PM)1171 Wrote:  the work comp act provides penalties for unreasonable delay of benefits.

you should discuss your malpractice questions with your atty; they maybe able to refer you to a colleague that can better evaluate your malpractice evidence.

[darrinb]

(03-19-2012 04:44 PM)1171 Wrote:  the work comp act provides penalties for unreasonable delay of benefits.

you should discuss your malpractice questions with your atty; they maybe able to refer you to a colleague that can better evaluate your malpractice evidence.

Is the same is true for IC that delay treatments (in NJ)? My WC IC took over a year to reopen my case and to send me to a doctor. I was given 2 years to reopen and after about 8-10 months my pain came back so I had requested my case to be reopen. It took them over a year now I have a pinch nerve. I wonder if I had seen a doctor for treatment earlier would I be where I am now.