Legal Question in Workers Comp in Virginia

If a doctor lied to your workman comp lawyer saying that you would be better in 6 months and your attorney told you to take the settlement; do you have any recourse afterwards when you go to a different doctor after the 6 months and find out you will never be better?


Asked on 2/16/13, 2:29 pm

1 Answer from Attorneys

Gerald Lutkenhaus Virginia Workers Compensation & Disability Lawyer

Probably not. The first doctor is just giving an opinion. When you take the settlement it usually specifies clearly "all" your rights are being terminated for that injury. If it was medical malpractice, you would still have to show this medical malpractice damaged you. You can consult a medical malpractice lawyer but I am afraid on the facts you relate the lawyer would not be interested. You would have two years from the date of the medical malpractice to bring a claim against the doctor.

This is not meant to be legal advice but only information and is not to be considered as an attorney client contract.

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Answered on 2/16/13, 3:04 pm


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