pressure from dr. & attny

I had an auto accident back in Dec. Went to Dr. and got an Atty. Dr. sent me to Ortho Surgeon, never got to see because you had to see associate first. This Dr. prescribed a lumbar epidural injection. Now everybody is on my case to have this done. I don't want to because of possible side effects, the "efficent" manner this Dr. does things and just don't want it (I'm a nurse and I know what happens in there). If I do go through with this and I have worse pain, or worse what's my recourse? It's not really my attorney that's pushing me to have it done it's his paralegal. I realize that there's more money involved, but nows there's the possibility these idiots can paralyze me. U've been told that if I change doctors now, and go to one out of state (where I'm from originally, and know people and trust the doctors) this would screw up the case for the attorney and his fight with the insurance company. One more question, why is all my medical bills being paid by my insurance company, when the lady that hit me was at fault, and given the ticket? It was a red light and she rear-ended me. Is it Florida law? Thanks for whatever help you can give.

The reason your attorney's pushing you to get the treatment is because if you do not 'diligently follow your attending physician's course of treatment,' the other side will argue that your damages would have been less if you'd just done what the nice doctor told you to do. They won't be that polite about it, though. Since most attorneys know as much about medical treatment as they do about quantum mechanics, all your lawyer can see is that he's going to have to explain your rejection of the MD's treatment to the jury (12 people who weren't smart enough to get out of jury duty and who think MD=god!)

Seek out your second opinion. It's your right AND your best evidence that it was reasonable for you to reject the first MD's treatment plan.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.

I too live in Florida and I have also been in need of back pain relief due to an accident.

I was hurt at work and it took 6 weeks for a doctor to reccommend an epidural injection, followed by another 2 weeks wait for the auctual procedure to take place. I could not sleep and I was taking so much pain meds that I didn't care about the less than 1% risk of suffering paralysis from this form of treatment. In the end the treatment was successful and I was greatful to the doctor for helping me.

Obviously you are not in enough pain to warrant this kind of a procedure. If you really needed this kind of treatment you would be begging for it like I did. If all you have is minor irritation then go to a physical therapist. If you value your comfort and more importantly your health you should review your situation before proceeding with any further action.

If all you want is the pot of gold at the end of the rainbow then go on with the procedure. If you pain is worse then you can sue the doctor for malpractice. And if you feel better you just increased your chances of settling with the auto insurance carrier. Either way you win.

Take it from someone who knows, no amount of money is worth the kind of pain that permanent nerve damage can cause, NONE!

And remember some doctors and lawers are out to line their pockets with money from insurance companies. Its like a game of chess where you and I are the pawns and the only way to win is not to play.

I apoligise if I offend anyone with this post, especially all the good lawyers an doctors out there. Im just tired of hearing all the whiners out there complaining about how much money the didn't get. They are missing the whole point of insurance and why it is there. It is there for people who really need it. It is not for those who are looking for a get rich quick scheme.

I have often had my clients have as much of the meds paid by their own medical insurance as possible for two reasons. 1) generally the at fault driver's insurance typically will not make a partial payment but will wait to want to inclue all in a final settlement (also a tactice by insurance cos. to make a client more desparate to settle). Therefore, to help keep the wolves from the door, get payment from where can. 2) In many states, in some circumstances the health insurer is notnec entitled to be reimbursed forevery dollar paid. It may include a circumstance where the client not made whole by the settlement (Note: not all states have this "made whole" rule) and if entiteed to be reimbursed th amount of payment back to the health insurer ay be reduced by attorney fees. either way, the client's recovery is maximized as opposed to having the at fault insuer paying the med bills. This will differ with each state, but this may be some reasons why your attorney is having your insurace pay the meds. Talk to your attorney though. Good luck!

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George H. Senteney
http://www.prairielaw.com

Thanks for all the advice. Please understand that the reason I don't want this done is not that I don't have pain, I do constantly, I just don't want to end up paralized, which in this business is easy enough. The attorney's office said that I can't have a second opinion, the insurance company won't allow it. Does that sound right? I thought that they would be the ones that would actually want a second opinion to bolster their case that I'm not as bad off as one doctor would say.

Voodoo Doll:

You have the right to treat with any doctor you wish to treat with. Ask your lawyer whether you can go to a doctor of your own choosing for a "second opinion". There is no reason for you to sacrifice your well being just because your lawyer or the other party's insurance company do not want to pay for the exam. Do what you have to do. Your lawyer should not be attempting to control your treatment, nor should he attempt to settle your claim until you are finished treatment or have a doctor's opinion that you have a permanent disability that cannot be further treated.

Discuss your case with your lawyer, either on the phone or in person. If he won't listen to you, perhaps you shoul think about switching lawyers.