sharminlaw

What Happens When Your Treating Health Care Provider Aggravates Your Injury?

Sometimes your treating health care provider may cause aggravation the injury you already sustained in your  Palm Beach County car accident.  However, the initial tortfeasor (the person who first caused your injury), is still liable for those injuries.  The initial tortfeasor can't file a 3rd party claim agaisnt the health care provider for indemnity but they can file an action for subrogation against the doctor who aggravated the injury.  The defendant must properly plead non-party negligence as an affirmative defense.  Joint and several liability cannot be applied in a situation such as this. In one case, the court determined that when the plaintiff sues the first of two successive tortfeasors and establishes liability but the jury can't apportion between the two, the initial tortfeaso is liable for the whole injury.  Some accident cases may become more difficult if there has been aggravtion to an injury caused by a treating doctor. Call an experienced Palm Beach County car crash attorney to insure your rights and legal interest are protected and that you receive the compensation you are entitled to.