Medical negligence presents an often-overlooked subrogation opportunity. When an ordinary workers’ compensation or health insurance claim suddenly becomes catastrophic due to the negligent treatment of the injury by doctors, hospitals, or other health care providers, MWL steps up to assess the chances for subrogation recovery. Medical negligence cases are time-consuming and expensive, so you need to have the case evaluated from the start. MWL has medical paralegals summarize medical records, bills, and chronologies, and engages medical doctors and other health care specialists to review these records and provide opinions regarding a departure from the medical standard of care. When necessary, suit is filed and the subrogation suit proceeds against the health care providers in the amount of the increased claim payments flowing from the malpractice.

We pursue medical malpractice claims against healthcare providers when malpractice cases aggravated medical or workers’ compensation claims and increased disability resulting from the treatment of injuries. To do so, four legal elements must be proven: (1) a professional duty owed to the patient; (2) breach of such duty; (3) injury caused by the breach; and (4) resulting damages. This includes doing nothing when they should have done something. Many states have significant tort reform measures which apply to medical negligence cases, which also challenges the recovery of subrogation interests as there isn’t always enough recovery to go around. That means subrogation is fought and resisted even more than usual in such cases. Knowing the law in each jurisdiction and applying that law so as to make a favorable subrogation recovery has become more important than ever. Many carriers simply give up with subrogating a medical malpractice claim. But at MWL we think you can do better.