Ask Joe - March 13th

Tuesday, March 14th

00:03:30

Transcription

And we're back with Jo Stanley of Stanley law offices or ask GO WC a mass death count Ashley asked about a situation there dentist and nerve damage. He was undergoing root canals in terms and the dentist severed a nerve accidentally which now causes pain when she bites down too hard. The dentist said it happens occasionally and can't be avoided when it's infected. She's wondering if she should contact an attorney sin shall have to manage his pain for the rest of life or undergo a more involved and expensive surgical procedure. Any advice for her and does she have a case to be compensated for both her pain and also the medical costs. Well this is the question arises and Donald bell practice medical malpractice cases all the time. When you are involved and surgical procedures dental or medical. The standard of care is is that. They have to deviate from a reasonable standard care of the practitioner of that nature. And there's a question of whether there are no risks that are unavoidable. And then risks that are poorer because. Surgery isn't done properly. And given her question. The doctor may very well be correct that the sometimes. Nerves can be injured no matter how organized the job or hybrid of the job you do. But we don't know. And I can't know. Exactly what happened in her scenario whether this is one of those. You know circumstances are. Happen when it's done right or whether this happened because there was not done correctly. And my advice would be for her to go to another doctor get a second opinion see what her condition is. What that long term prognosis is and then if it's going to be you're really serious long term. Situation where a lot of expensive medical care she might wanna talk to a doctor. If there's any indication from the second dot tour. That the dead a second doctor or dentist that something might have been done incorrectly. That would be bored I would suggest. Our second question today Craig works for small business and outside sales and was in a car accident while heading to his last appointment. He has a neck injury and minor bruising nothing serious but needs to have an MRI and some physical therapy. He's wondering after talking with a friend if there should be a worker's compensation claim and if the medical bills will be covered by his employer and not his own insurance. Also his vehicle had 3500 dollars in damage and he's wondering if that can be covered since it was during work. Well those are all very good questions and I'm assuming that he was in the course of his employment based on his description and since he was his medical injuries are a worker's compensation claim 3000 workers compensation claims for his accident also at the same time he would file a no fault claim on the auto insurance the F presuming he's driving his own car and that would cover as a secondary coverage and and and actually both can be applicable sometimes people don't know that and it's important that you apply to -- but a primary coverage would be workers cup. For his medical injuries and has lost earnings estimate card damage. Employer wouldn't be responsible for its coverage that is the vehicle your drive there would be responsible for that. There's no workers out here our tactics to. I'll thank you very much Joseph needs a few next time I RA thank. If you have any questions for Joseph Stanley of Stanley law offices for ask Joseph let's take a look at the page here and there's an entry for sending your questions and we'll see if we get an answer for it thanks for joining us.