When an Oklahoma employee sustains a workplace injury, their recovery typically involves medical treatment covered under the state’s Workers’ Compensation program. But what happens if you suffer additional injury due to medical errors while undergoing treatment?
An experienced Oklahoma Workers’ Compensation Attorney from The Armstrong Law Firm, PLC, in Tulsa, explains more.
Workers’ Compensation and Medical Treatment Expenses
Workers’ Compensation is a no-fault system, which means that injured employees can receive benefits regardless of who is at fault. In Oklahoma, once a claim is approved, injured workers are entitled to various benefits, including coverage for medical treatment directly related to the injury. This coverage includes visits to healthcare providers, surgeries, medications, physical therapy, and rehabilitation services.
However, while the system is in place to facilitate recovery, healthcare errors can disrupt this process, causing additional pain, financial burden, and complexity in claims.
How Medical Errors Can Occur During Treatment
Despite the best intentions of healthcare professionals, medical errors can and do happen. These mistakes can arise from various factors, including miscommunication, inadequate training, excessive workloads, and inadequate oversight.
- Medical errors are the third leading cause of death in the U.S., following heart disease and cancer, according to an analysis by Johns Hopkins University School of Medicine.
- A 2021 article in The Journal Record reveals U.S. Department of Health and Human Resources data placing Oklahoma first in the number of medical negligence lawsuits per capita.
Some common scenarios in which medical errors can occur during the treatment of workplace injuries include:
- Misdiagnosis or Delayed Diagnosis: Sometimes, a healthcare provider may misinterpret symptoms, leading to an incorrect diagnosis. For example, suppose an employee experiencing back pain after a fall is diagnosed with a muscle strain instead of a herniated disc. In that case, they may not receive the appropriate treatment initially, which can prolong their suffering.
- Medication Errors: Administering the wrong medication or incorrect dosage can have significant health implications. For instance, an injured worker prescribed pain medication could receive the wrong prescription, resulting in inadequate pain relief or adverse side effects.
- Infections from Surgical Errors: If an employee undergoing surgery for a workplace injury develops an infection due to improper sterilization techniques or surgical errors, it can lead to additional medical complications and an extended recovery time.
- Failure to Provide Appropriate Rehabilitation: A worker may be released to return to work without receiving the necessary rehabilitation therapies, which can lead to worsened physical conditions or an exacerbation of injuries. This error can significantly impact the employee’s ability to perform their job effectively.
- Informed Consent Issues: Patients must be fully informed about the risks and benefits associated with the treatments. If a healthcare provider fails to communicate critical information, a worker may undergo a procedure without understanding its potential risks and consequences, which can lead to dissatisfaction and further injury.
The Impact of Medical Errors on Workers’ Compensation Claims
When medical errors occur during the treatment of a workplace injury, they can lead to various consequences. Injured workers may experience prolonged pain, additional medical expenses, or even worse health outcomes, which can invalidate their recovery time. Consequently, employees may face challenges when seeking compensation for the repercussions of these errors.
For example, if an employee’s recovery is delayed due to a surgical error, they may need to file a claim for additional medical bills, lost wages, and pain and suffering. However, proving that the error was the cause of the increased expenses can be complicated and may require significant evidence, including medical records and expert testimony.
If, during your medical treatment for a compensable Workers’ Compensation injury, you experience complications due to some medical error, your employer’s Workers’ Compensation insurance carrier will be responsible for payment of the additional medical expenses, temporary and permanent partial disability associated with that medical error. You may also have a civil claim for negligence against the healthcare provider that committed the medical error for compensation not available under the Workers’ Compensation laws, such as pain and suffering.
How an Oklahoma Workers’ Compensation Attorney Can Help
When navigating the complexities associated with medical errors, having a knowledgeable Oklahoma Workers’ Compensation attorney on your side can make a significant difference. Here’s how an attorney can assist you:
- Legal Guidance: An experienced attorney can guide you through the process of recovering damages related to medical errors. They understand the laws surrounding Workers’ Compensation and can advocate for your rights.
- Investigation of Claims: An attorney can conduct a thorough investigation into the circumstances surrounding the medical error. This includes gathering necessary medical records, obtaining expert opinions, and building a case to establish liability.
- Negotiation with Insurers: If a medical error has led to additional costs, an attorney can negotiate with your insurance company or the at-fault party to pursue fair compensation for your injuries, including any long-term impacts on your life.
- Representation in Disputes: If your claim is denied or if you encounter disputes during the process, an attorney can represent you in hearings and help ensure that your rights are protected.
- Maximizing Compensation: An attorney can help you assess the true cost of your injuries and ensure you receive all the benefits you are entitled to, including coverage for past and future medical expenses and lost wages.
Frequently Asked Questions About Medical Treatment Errors
What should I do if I believe I experienced a medical error during treatment?
Document all aspects of your treatment, including symptoms and communications with your healthcare provider. Seek a second opinion from another medical professional if necessary.
Can I file a Workers’ Compensation claim for a medical error?
Yes. You can file for additional benefits if the medical error directly impacts your recovery, leading to increased medical expenses or lost wages and permanent partial disability.
How can I prove that a medical error caused my injury?
Gathering robust evidence, including medical records, testimonies, and expert opinions, is essential. An experienced attorney can help with this process.
Will my Workers’ Compensation benefits cover costs associated with a medical error?
Generally, Workers’ Compensation should cover reasonable medical expenses related to your injury, but the specifics can depend on the circumstances. You may need to file a medical malpractice lawsuit to receive compensation for medical error damages.
What if I face retaliation from my employer after filing a claim related to a medical error?
Retaliation for filing a Workers’ Compensation claim is illegal. If you feel your employer is retaliating against you, speak with an attorney about your rights and options.
Get Experienced Guidance After Medical Errors While Under Workers’ Compensation Treatment
Medical errors in Workers’ Compensation cases can significantly affect an injured worker’s recovery and financial well-being. Understanding the implications of such mistakes and seeking the guidance of an experienced attorney can help navigate the complexities of Workers’ Compensation law, ensuring the best possible outcome for your claim.
At The Armstrong Law Firm, PLC, we are dedicated to protecting the rights of injured workers in Oklahoma and ensuring they receive the compensation they deserve. Contact us to learn more.