Legal Question in Personal Injury in Maryland
Is attorney doing what is best ???
I was involved in a car accident 3 years ago,my settlement case is coming up 10/30.I have been going to the same doctor for 3 years and he wants $3500 for his deposition and review,my atty said that is too much and is refusing to pay and told him we would summons him to court.The doctor is upset now and told me he is angry at the atty's and will come to court and basically say nothing.I had a appointment with the doctor and he said if the atty doesn't want to pay him...fine....he knows how to play the game...I got the doctor to accept a guarentee letter of protection stating we will pay him out of my settement portion...my atty said ok...now says no...said the doctor is charging too much and won't write the letter which I want him to write....on one hand he says that without my doctor it reakky hurts my case,but in the next breath says we are not paying...this has become a ego battle between my atty and my doctor...and I am the one going to lose...what should I do ???...I want him to write the letter and keep my doctor happy and pay him with my money,but he says he won't.I feel that without my doctor my case is being damaged and my atty is not looking out for me...can I demand he write the letter and protect myself ???
2 Answers from Attorneys
Re: Is attorney doing what is best ???
You can certainly tell the lawyer to pay the Dr., but the lawyer could insist that you pay for it up front unless his agreement with you *requires* him to advance costs, and even if it does he can make the decision that the Dr. is not worth it.
Re: Is attorney doing what is best ???
It's really your decision in the final analysis as to whether you want to pay the doctor's fee. Of course you should respect your attorney's advice, but ultimately it's your expense, so your call.
Generally, a doctor's testimony is essential to support the value of a claim in a court trial, especially in front of a jury. If you are willing to pay this fee, then the only reason not to call the doctor is if your attorney doesn't think he'll make a very good witness. Perhaps he has another witness who is better able to testify about your injuries, but generally it's the treating physician who is best equipped to do this. And MD law requires that a health care provider testify about the reasonableness of a particular medical bill before that bill can be admitted in evidence, unless the other party has stipulated to the admissibility of the bill.
Has your attorney considered the option of taking a video deposition of your doctor in his office? Generally doctors will charge considerably less if they don't have to leave their office and spend time at the courthouse.
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