Ohio Workers Comp: Medical malpractice due to delays in treatment ?
A common question we have from prospective clients is whether they can sue their employer or the managed care organzation or the Ohio BWC because critical treatment has been delayed.
The short answer is no. The Ohio BWC process requires that number of steps to occur before substantive treatment like injections or surgical procedures to be authorized.
A second common question/complaint is a desire to sue the ER/Urgent Care because they got a diagnosis. "I have a herniated disc and I was diagnosed with a lumbar sprain at the ER, I want to sue them." Typically at the ER, a lumbar sprain/strain will be authorized because the person has been treaed on an emergency basis. The goal there is to stabilize the person. Typically if you come in with back pain, you may get an xray, you may get a cursory exam, but you're not going to undertake an MRI or be examed by a back specialist. The result being that you may have a herniated disc, but until its imaged diagnostically by an MRI or EMG/NCV, and diagnosed by a back surgeon, for all intents and purposes it does not exist.
Even then, for the purposes of your workers comp claim, until the herniated disc is additionally allowed by the BWC and/or at a hearing at the Industrial Commission, again, it does not exist. The claim is "blind" to the herniated disc. If the herniated disc is not an allowed condition, you cannot receive treatment like surgery or injections directed at the herniated disc.
Bottomline, its a frustrating situation, but not medical malpractice. However if you believe Malpractice has occurred, you must consult with a medial malpractice attorney. A workers comp attorney is not a medical malpractice attorney. (neither Kip Malek or any other attorney at Malek & Malek practices in the area of Medical Malpractice law; so if you think you have a medical malpractice situation, call a medical malpractice attorney asap).
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Malek & Malek Law Firm:
website: https://www.maleklawfirm.com/contact-us/
email: kip@maleklawfirm
phone: 614-444-7440