A legal doctrine used to permit an employee to sue her employer despite workers’ compensation which ordinarily employs the exclusive remedy doctrine (see remedy). It is used in circumstances where the employer has provided medical treatment for an employee’s work-related injury, and has caused additional injury through negligent treatment. The employer may not be sued as an employer because of the exclusive remedy provision; however, some states allow the employer to be sued for malpractice in its second capacity, that of health care provider.