January 27, 2015
The medical profession significantly effects how the legal profession can help or hinder injured individuals seeking recompense. Though there is a multitude of ways the healing profession interfaces with the legal profession, I’d like to provide insight into common situations, relevant to injury cases, where the two professions intersect. My hope is that this series of posts will give you valuable insight for making the most of your interactions with medical professionals in the unfortunate case that you must pursue a legal course regarding an injury.
We talked in Part I about getting along with your doctor and how a challenging relationship with them can adversely affect the outcome of your injury case. But sometimes, it’s nearly impossible to get along with your doctor. What do you do then?
When an injured person is simply not able to work with his/her doctor, regardless of the reason, they need to change doctors as soon as possible.
Why?
A prompt change to a more compatible healthcare provider minimizes the chances that the doctor’s records will describe the patient in a negative light. The more time spent in an unproductive relationship with your healthcare provider, the greater the opportunity for that provider to formulate and document negative feelings or beliefs regarding your motivation.
Nip that in the bud, before negative documentation occurs!
Be Deliberate In Your Decision
It’s important not to perpetuate a negative doctor-patient relationship, but it’s equally important that you only change doctors for a clearly legitimate reason. You do not want to be suspected or accused of doctor shopping i.e. looking for a doctor who will give you medical support for the injury claim, without regard to the healing process. After all, the physician-patient relationship should be focused on the treatment and recovery process, NOT how the medical doctor’s opinions can benefit you in an insurance claim.
What You Need to Know About Changing Doctors
Patients who wish to change doctors must document concrete instances of disagreement that justify the change.
You also need to remember that the workers compensation system limits the number of physician changes you can make and still receive medical benefits from the insurer. After one change of the attending/treating physician, without the employer’s consent, the insurer can stop paying for the medical treatment, except under limited circumstances.
Remember, first and foremost, to do your best to work with your doctor. If you find that you have irreconcilable differences, then ensure you make the change with these factors in mind.