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Can I change Chiropractors in the middle of a personal injury case?

Los Angeles, CA |

I have been seeing a chiropractor that my Attorney has refered but dont think I am happy with the treatment and the location. Can I change Dr. in the middle of the case or will it affect my case and how will the billing go?

Attorney Answers 11

Posted

There is no reason why you shouldn't be allowed to change chiropractors--especially if you don't think that you are getting the best treatment you could be receiving under the circumstances. And, it really shouldn't affect your case. But, as for the billing, it is very likely that your current chiropractor is working on a lien basis (both you and your attorney would have signed the lien document), which means that, once you get your settlement or are awarded a judgment, the chiropractor will have a right to collect based on the treatments that he provided you.

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Posted

These are issues that you should discuss with your attorney. The billing issue will depend on several variables. For example, is your health insurance paying for the care, is it on a lien or are you paying cash out of pocket?

In general, switching treating doctors is not going to impact your case.

This response applies to California Law only and does not create any legal relationship between the attorney and the person who submitted the question.

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1 comment

Kevin P. Landry

Kevin P. Landry

Posted

I agree that there is no issue with switching chiropractors mid-case, but whatever you do - whether its something as simple as changing chiropractors or something else that may potentially affect the outcome of the case should first be discussed with your personal injury lawyer prior to you taking any action.

Posted

Of course you can change chiropractors. The important thing is that your injuries get treated properly. The second thing is your case. You should tell you attorney however wht you intend to do. Also, I would recommend you continue your treatment with a medical doctor and physical therapy instead of a chiropractor. Good luck!

I am licensed in California only and my answers on Avvo assume California law. The above answer is for general information only and is based on the information you posted. Every case is fact dependent, so to get a thorough analysis of your situation, you will need to consult face to face with an attorney licensed to practice in the jurisdiction where the incident took place. Do not conclusively rely on any information posted online when deciding what to do about your case. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.

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2 comments

Asker

Posted

I first went to my insurance Dr. and I am not covered in Chiropractic care and he told me to go to one cuz they can not give me the care that I need

Adrienne Patricia Allen

Adrienne Patricia Allen

Posted

Your insurance doctor told you they cannot give you the care you need? If it's Kaiser I understand. If it's anyone else, I think you should check into it again. A second chiropractor is okay too though.

Posted

Yes, you can change no problem. Your health should come first, the case second. Talk to your attorney about making the switch but it should not affect your case at all. However, if you are using your medical insurance to pay the bills, ensure that the new chiropractor is covered, if that is important to you.

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Posted

Generally chiropractic treatment is OK in soft tissue injury cases. Changing chiropractor or treating doctor must be done with caution. If you have an attorney you should sit and discuss this matter since the treatment, reasonableness and necessity will be an issue if the case goes to trial. Second, certain chiropractors may have a reputation with insurance companies and this must be done with caution. Finally if you are not receiving benefits from treatment you should evaluate if the treatment is within their scope or need to be evaluated with an orthopedic or pain management doctor. If you have a lawyer who knows what he is doing he should be able to address these issues. Good Luck.

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Posted

There is no issue about changing Chiropractors at any time if you are unhappy with your treatment progress. You need to find a Chiropractor who will help you to achieve maximum improvement in your health. I would also suggest contacting a local personal injury attorney in your area to help you with your case if you do not yet have one. Good luck.

The above is general legal and business analysis. It is not intended nor construed to be "legal advice" but rather it is analysis, and different lawyers may analyze this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I have been licensed to practice law in California since 1978. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.

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Posted

Yes, get whatever treatment you need.

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Posted

You should receive the best treatment possible for your injuries. Generally speaking, switching chiropractors shouldn't have any affect on your case. Just be aware that the previous chiropractor will have a lien on your settlement for any outstanding bills that have accrued, which should be negotiated by your attorney.

This was not intended to constitute legal advice. This does not create an attorney-client relationship. If you would like a free consultation, call 407-831-8522 or visit The Sunner Law Firm at www.sunnerlaw.com.

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Posted

Yes you can. Best of luck.

This answer is provided by Manuel A. Juarez, Esq., El Abogado de Accidentes de Autos de California: 510-206-4492. El Abogado de Accidentes de Autos provides answers of a general context. These answers are not intended to form an attorney client relationship. El abogado de Accidentes de Autos y Lesiones Personales is licensed only in California. This information is good only in California and it is not to be taken as legal advice on car accidents, personal injury, divorce, bankruptcy or in any other type of situation. Esta respuesta es del Abogado de Accidentes de Autos y Lesiones Personales de Acidentes de carros, Manuel A. Juárez, 510-206-4492. Abogado Hispano de Accidentes, Divorcios, Abogado Latino de Accidentes, y Abogado de Acidentes de Oakland, Hayward, San Francisco, y California. Estas respuesta son solo para información general y no consisten en consejo legal sobre divorcios, mantención de esposas, mantención de hijos o bancarrotas. Las respuestas son comentarios legales que no forman una relación de abogado y cliente. Manuel Juarez, Esq., esta licenciado solo en el Estado de California.

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Posted

The topic of whether a plaintiff's lawyer should steer the plaintiff to a specific doctor is one on which I could talk for quite some time... and probably get a few nasty responses to boot... but don't worry, I'll try (key word being "try") to keep this post short and sweet.

At my firm, I work with what I have... if a client already has a treating physician, has insurance, and likes the care he or she is getting, I stick with it. I don't send the client to "my buddy" to add body parts (psyche, insomnia, sexual dysfunction, etc.) get unnecessary diagnostics, therapy through acupuncture and chiropractic manipulation ad nauseum, and such to pump up the medicals. I use courtroom experienced experts to opine as to causation and extent of damages and future care needs. That said, if my client is unhappy with the treating physician or is not getting better, I may suggest treaters based on two decades and counting of medical practice in Southern California to find my client a doctor who will do his or her best to make my client better.

All of the above aside, a client should discuss changing doctors with his or her attorney before doing so as there may be factors at play of which the client is not aware.

- Paul

Paul J. Molinaro, M.D., J.D.
Attorney at Law, Physician, Broker
Fransen & Molinaro, LLP
980 Montecito Drive, Suite 206
Corona, CA 92879
(951)520-9684
www.fransenandmolinaro.com / www.888MDJDLAW.com

"When you need a lawyer, call the Doctor... Call Paul J. Molinaro, M.D., J.D... Call (888)MDJDLAW."

* This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy.
** Fransen & Molinaro, LLP practices in the areas of personal injury, medical malpractice, and real estate law.

Paul J. Molinaro, M.D., J.D. ... Attorney at Law, Physician, Broker... Fransen & Molinaro, LLP... 980 Montecito Drive, Suite 206... Corona, CA 92879... (951)520-9684... www.fransenandmolinaro.com / www.888MDJDLAW.com... "When you need a lawyer, call the Doctor... Call Paul J. Molinaro, M.D., J.D... Call (888)MDJDLAW." ... * This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy... ** Fransen & Molinaro, LLP practices in the areas of personal injury, medical malpractice, and real estate law.

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Posted

Generaly speaking there is no problem with changing medical providers. But beware, that any good defense lawyer is going to ask why you changed providers. Under California law you are only entitled to recover your medical costs/bills if they were reasonable and necessary and if you let the defense know that there was no medical benefit from this chiro then they may argue that the treatement you recieved was not reasonable and necessary. Also, make sure that the two chiropractors do not contradict each other. I think the safer route is to get referred to an orthopedic specialist and then perhaps physical therapy. Good luck.

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