As part of our service to the community, we answer questions on workers’ compensation matters here in Colorado on the Expert Advice Site – www.avvo.com. Recently an injured worker posted this excellent question:
Our answer was selected as the Best Answer:
There are two questions here. One involves potential malpractice and the other is workers’ compensation.
You can sue treating physicians for medical malpractice however beware that medical malpractice is one of the most expensive lawsuits you can bring and as a result lawyers who handle those cases typically require incredible provable monetary damages above and beyond pain and suffering. Beyond that – I will leave it to malpractice lawyers to comment further.
You have a number of options. (1) If you have been placed at MMI and less than thirty days have passed since the carrier filed a Final Admission of Liability you can challenge the doctor’s opinion with a formal Division Independent Medical Examination. If that doctor recommends more care, etc. – chances are you can get it. (2) If you are not at MMI – there are three methods of seeking a change of physician which may be available to you.
You should consult with an attorney quickly to look into this because your claim can close without you agreeing, signing anything, or cashing a check.