Legal Question in Legal Ethics in Florida

attorney/client/surgeon

I am presently represented by an attorney for an injury sustained when hit from behind in 2005. The attorney took the case and said the driver at fault had miminal ins. so all med fees would be paid through my ins which was 100,000/300,000 unins motor veh/bodily injury. After 3 years of horrendous suffering I had spinal fusion on my cervical spine and went to a doctor the lawyer recommended. I checked with Cigna to make sure the doc was part of my plan, and after that confirmation went ahead with this serious surgery. The attorney has since taken a settlement offer from the ins com. for this case and is taking 40% of the proceeds-which I was sure was supposed to be 33%. And the doc he sent me to has not submitted his bill to Cigna-who has told me not to pay his bill-and wants direct payment of $18,000 from this 36,000 - so called settlement- to be paid directly to him. I smell fish! I believe something unethical is taking place and am reluctant to go forward with this ''settlement'' but am afraid/injured beyond my ability to objectively cope! Please help!


Asked on 10/23/08, 5:34 pm

1 Answer from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: attorney/client/surgeon

Look at your contract with the lawyer. If suit was filed and liability denied, 40% is the standard fee.

The doctor cannot refuse to submit the bill to CIGNA and you are not required to pay the inflated rate. You are paying lots almost certainly paying a lot more if you pay the doctor directly rather than through your insurance company. Get with your lawyer or find another one.

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Answered on 10/25/08, 7:16 pm


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