Legal Question in Workers Comp in Arizona
Surgeon and Attorney Concerns = deteriorating health
I would like to change Physicians. I have found that my attorney and physician work together, which does not appear to be a positive relationship for my well being. I have a spinal issue and I keep undergoing procedures and surgeries which have all been either ineffective or a complete failure. I would like to change physicians and perhaps attorneys but I do not know what my options are and I know I do not have the skills to handle my case on my own. My case is 6 years old and my health is deterioriating. I suspect my physician is commiting malpractice by having his assistant perscribe opiods and two other narcodics and tranquilizers to me and everytime I schedule an appointment with my Orthopedic Surgion, I end up seeing his assistant, even when I demand. I have been out of work for 6 monts and have recieved zero money from Workers Comp. I feel like my health is in dire need of a knowledgeable and caring lawer. If there is one.
1 Answer from Attorneys
Re: Surgeon and Attorney Concerns = deteriorating health
Wow...you have a tough situation. Particularly because you're so far down the road. Let me give you a couple general rules, and then some exceptions!
First, clients always get to choose their attorneys. If my client doesn't want me, all he/she has to do is write and fire me. HOWEVER, if I've accomplished something on his/her case, I may be entitled to an award of future fees, which could make it hard for my client to find a new lawyer. It depends on the circumstances.
Injured workers generally are allowed to choose their attending physicians, within reason. The Industrial Commission is one way to petition for that. They will consider, however, your record of prior changes, as well as whether you are requesting a change to an equally- or higher-qualified specialist. The insurance company may oppose a change. You might have to go to a hearing.
Faith in your doctor is an important element of recovery, but sometimes the medical profession just doesn't have anything more to offer you. Without seeing the specifics of your case, I'm afraid I can't give you more definite responses.
My personal ethics preclude me from talking to people who are currently represented. Dropping a lawyer should not be done lightly, however. If you are unrepresented, and would like a consultation, I will talk to you without obligation. My numbers are 602-253-1789 and 800-863-4449.
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