Legal Question in Workers Comp in Florida

Re: personal injury/workman's comp

Tricky situation and I'm sorry to hear your husband's fusion didn't go well. You are correct that if you tell the attorney about the information that you obtained, it is attorney client privledge. However, if you take action on it, such as seeking another opion, seeking a one time independent medical examination and at any point reveal why you want the other opinion, once the information is revealed, it is no longer privledged. The issue though really isn't privledge. If a client of mine came in with this problem, then my duty is to the client to seek another opinion or try and get the other doctor's opinion admissible by way of designating him as an Independent Medical Examination. Truth is, that if your husband's deposition is taken, he will be asked what doctors he has seen and what those doctors told him. He would HAVE to answer honestly. Plus, from a litigation standpoint, I wouldn't want to hide the opinion. The real question is whether you trust your attorney to put you or his friendship with the doctor first. If you don't, then I think you know the answer to your situation. I would tell you though, that regardless of what people say about lawyers, you can usually trust them to put you first. For some lawyers its just a matter of principle and ethics. For others, it may be a matter of the more you get, the more they get. Not knowing the doctor or the lawyer, I really can't guess as to what they would do but the fact is that if the doctor is not giving you the full story, do you really care about your relationship with that doctor? Sincerely,

Re: personal injury/workman's comp

Your attorney represents you not your doctor. Your discussions wtih your attorney would be confidential but eventually I think you would have to disclose having seen this other doctor. Depending upon when the appointment was, you may be able to name your doctor as your independent medical examination to testify on your behalf. I would discuss all of this with your attorney.

Re: personal injury/workman's comp

Sometimes surgeries fail. It is not always due to the negligence of the doctor, but it can be. What I would do in your situation is take the test results back to the surgeon.

Under Workers' Compensation, the opinion of your personal doctor is not admissible unless you designate him as an Independant Medical Examiner. However, the diagnostic test is what it is and it speaks for itself. If the doctor reviews the findings, he will be compelled to act, or put his license at risk. No friendship should change the expectation that the doctor do a good job.

Also, make sure your attorney filed a petition for the MRI. The system is slow, but if the treating doctor ordered it, the attorney should pursue it.

If you don't think your attorney has your best interest at heart, you can change. It is not easy as changing can be like starting over, but you should be satisfied with your representation. You can also change the doctor one time under the statute.