Getting treated for your injuries after an accident is a costly and rigorous process that you may have to endure for many weeks or months. If your injuries are serious enough, you may require medical care for the rest of your life, so it’s essential to choose the right specialist for your needs. However, many injury victims have little to no experience with medical professionals beyond seeing a family practitioner. That’s why many of them rely on a referral from their attorney.
There’s nothing wrong with this practice if the doctor is a qualified specialist who is empathetic to your needs and concerns. On the other hand, if your doctor rushes through your appointments, dismisses your concerns, or makes you doubt their abilities in any way, you may wish to see another doctor for a second opinion. But what if you bring this up to your attorney, and they are less than enthused about the idea? Their reluctance may have you asking, “My lawyer is refusing to send me to another doctor for a second opinion on my injuries. What are my rights?”
As an accident victim, there may be times throughout your case when you need the guidance of another attorney. This is perfectly natural, and our lawyers are here to advise you no matter where you are in the legal process. Contact Normandie Law Firm and speak to an experienced personal injury lawyer.
Do I have a Right to get a Second Opinion?
Yes, you have the right to see another doctor for a second opinion on a knee surgery procedure, shoulder surgery recommendation, or any other treatment that you’re not completely sure about. It’s unfortunate, but some lawyers will spend considerable time and effort to try and dissuade a client from speaking with another doctor. This isn’t fair to the client, whose physical and mental well-being are at stake. If the diagnosis is incorrect or the recommended procedure is unnecessary, it’s the client that suffers, not the attorney. A lawyer that does not recognize this simple fact is probably putting their own needs above yours.
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Why is my Lawyer not allowing me to see another Doctor?
Many clients suspect that greed is the main motivator when a lawyer refuses to let them consult another doctor. We hate to admit it, but it’s true that some lawyers receive kickbacks from doctors that they work with, even though this is an ethics violation. Furthermore, they may be afraid that another doctor will recommend a less invasive / expensive treatment plan, which may reduce the amount that the lawyer can make from a case.
This is one of the worst things a lawyer can do to a client as far as we’re concerned. If a treatment is particularly painful or risky, it’s understandable that the client has doubts about whether they should go through with it. A second opinion from a different doctor may uncover a different, more refined diagnosis, which is better for their health in the long run. In short, a legitimate attorney will support your decision to ask for a second opinion on a surgery or any other form of medical treatment.
Will it Hurt my Case if I see another Doctor?
Believe it or not, a lot of claimants contact us with this question because their attorneys have convinced them that it would be a bad idea to see anyone except for the doctor that they’ve recommended. This may be true to some extent, as another doctor that has no working relationship with your attorney is likely to charge higher fees. However, the pros may outweigh the cons depending on the new doctor’s findings. Another doctor may spot additional complications that the first doctor missed or recommend a course of treatment that’s more suitable for your needs.
The way we see it, this ensures that we send the most accurate records to the insurance company. In turn, you will receive a just and fair settlement that addresses the extent of your injuries, which is always our main priority. We also recognize the serious nature of some of these treatments, like back surgery, spine surgery, and joint replacement. A surgery consult with another doctor can help to put your mind at ease, or at the very least, help you accept that that this is a necessary step in the recovery process.
Alternatively, you may discover that your injuries are much more complex or less complicated than you had originally thought. In a study titled “Extent of Diagnostic Agreement among Medical Referrals,” it was shown that 66% of all patients got a more refined and specific diagnosis from a second opinion consultation. Even more interesting, 21% of patients in the study received a different diagnosis altogether.
No matter the outcome, our job is to represent the true nature of your harm and suffering and ensure that you are properly compensated by the at fault party. An accurate diagnosis is essential to achieving that goal, which is why we never discourage a client from seeking a second opinion.
Is my Lawyer truly Looking out for my Interests?
This is a fair question to ask when your attorney is refusing to let you do something that’s important to you. As we’ve mentioned, it’s your right to see another physician if you want a second opinion on a medical diagnosis or treatment plan. However, it’s possible that your lawyer has your best interests at heart, and their refusal to let you see another doctor may be coming from a good place. So how can you tell if your lawyer is biased in their refusal to allow a second opinion on your case?
Below are some red flags that may be signs of an unethical attorney:
- Your lawyer insists on sending you to a specific doctor, even though you haven’t asked them for a referral.
Most injury clients have already seen a doctor by the time they speak with a lawyer. In many cases, the client’s injuries require specialized care, which their doctor is not qualified to provide. In these situations, we refer the client to another doctor and fully explain our reasons for doing so. But there are lawyers who will insist that you see “their” doctor, even if there is no legitimate reason for doing so. These attorneys will most likely refuse to let you see another doctor later on for a second opinion.
- Your lawyer is not transparent about their relationship with the doctor they’re referring you to.
The more information you disclose to your client, the better they’ll feel about anyone you refer them to. Unfortunately, some lawyers engage in unethical practices with certain doctors, which you may suspect as time goes on. Please call us right away if you find yourself in this dilemma. Staying with a lawyer that engages in such practices can hurt your chance for a favorable settlement.
- Your lawyer disregards your medical needs or comfort level.
Unless your lawyer is a licensed physician specializing in your type of injuries, there’s no way they can be 100% sure of a doctor’s assessment. Thus, if a client wants a second opinion on a course of treatment, your lawyer should be open to the possibility that the first doctor is wrong. Additionally, your comfort and well-being should be a priority for your attorney, meaning they should support your decision to see another doctor if it would put your mind at ease.
It’s important to note that these are generalizations that may or may not apply to your case. The days, weeks, and months after an accident can be a very emotional time in your life. Your judgment may be clouded on these, and many other issues in your case, so it’s best to seek an objective assessment from another legal professional. If you have any questions or concerns that you would like to discuss with us, don’t hesitate to give us a call.
Should I Switch My Lawyer?
If you’ve found yourself with a lawyer that isn’t looking out for your interests, switching your lawyer may be the right choice. Ultimately, you want someone on your side that offers you advice, but encourages you to do your own research, consult whomever you’d like, and reach a decision that you’re 100% comfortable with. If this is not the lawyer you’ve ended up with, you may be wondering about the legal options that are available to you.
We are happy to assist you through this difficult decision with a free second opinion consultation. People come to us for a second opinion for all kinds of reasons, though dissatisfaction with their current lawyer ranks at the top. Why is a discussion with another lawyer so important? For one thing, it’s essential to understand the terms of your contract and the impact that switching lawyers will have on your case. Then, you will need to understand the procedures that are involved in transferring your case to our law firm. Here at Normandie, we handle this process on your behalf from start to finish, so you can avoid the awkwardness of firing your lawyer. Still, you should understand each step of the process to ensure that continuing your case with us is the right choice.
For a free consultation on you rights and legal options, contact us to schedule a free second opinion. Here are just some of the personal injury cases we can assist you with:
- Slip and fall
- Trip and fall
- Worker’s compensation claim
- Auto accident claim
- Uber accident case
- Lyft accident case
- Assault and battery / sexual assault
- Defective product injury
- Plane / helicopter accident
The Personal Injury Lawyers of Normandie
The attorneys of Normandie have decades of experience in the recovery of personal injury settlements. From the very beginning, we’ve made it our mission to provide honest and ethical representation that accurately reflects the needs of our clients. Sadly, some law firms will bend the rules or mislead the victim in an effort to maximize their profits. It’s best to leave these firms as soon as possible, though we understand that changing lawyers in the middle of a case is a big decision.
A private consultation with one of our experts can help you decide on the best course of action. Just like doctors provide second opinions, our lawyers are here to review your case and offer their own input on the steps you can take. There is no obligation to transfer your case to us, but if you choose to do so, we’ll take care of the entire transfer process at no cost to you. Once you’re a part of the Normandie family, you’ll be protected under the Zero fee guarantee. That means we foot the bill for all the costs associated with your claim. All legal fees are paid by the party you are suing, and the only way we get paid is by winning your case.
If you’re ready to speak with one of our attorneys, contact us right away to schedule a free consultation.
Other Pages on Our Website Related to This Topic
My Ex-Attorney Won’t give me my Medical Records – What are my Rights
