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Hi ... I just asked about the surgery and I just did the questions for the other side anyway it was a Dr. My lawyer sent me to .

Victorville, CA |

I saw the Dr 3 times for a surgery referral or exam and went to pt for it the Dr said I needed two surgeries I am afraid to put them here ...then i heard nothing for months and I tried to make an appointment before I can't get him on the phone .. they said something like using it for further care in the settlement I am an eggshell plaintiff ... They took responsibility cause they fixed my car and its a company vehicle that hit.... me if I need a new attny will someone represent me?

Attorney Answers 4

Posted

In general, some states allow you to get a second opinion from another attorney while represented by another attorney. Contact a local attorney in your state and see what your options are.

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Asker

Posted

Hi I am going to do that thank you so much !!!

Posted

I'm not certain I understand your question. I think you're saying that your lawyer sent you to a doctor who recommended that you have surgery and that for various reasons, you're not comfortable with the recommendation. I think it's always a good idea to listen to your gut feelings, if you are uncomfortable, speak to your present lawyer, get a second opinion about the surgery, get your questions answered and then, if you are still uncomfortable, find another attorney to represent you and another doctor to treat you.

Best wishes.

This response does not constitute legal advice and does not create an attorney-client relationship. Due to the complexity and ever-changing nature of the law and to the limitations of this forum, this information may not be adequate for your specific situation.

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Asker

Posted

Hi sorry this was a part two no I wanted the surgery the dr was waiting for my lawyer and a few months later I am in discovery and no surgery and when I asked questions to the woman who was doing my interragatories said let us do our job? No answer and my aren't I only spoke to once or twice and his assistant won't call me back and the woman said we will let you know when your deposition is ? Kinda mean? I don't have a clue a year and a half later

Anne Marie Breslin

Anne Marie Breslin

Posted

I am sorry it sounds like you need to go some place where you'll be treated with dignity and respect. Speak to a few lawyers before you make a decision. I hope the surgery goes well and that you feel better soon.

Asker

Posted

Thank you yes I think they took the surgery off the table I am so confused thank you I am making calls just worried I am in the discovery faze and I only found that out when I received the papers to fill out ..you know the huge packet !! Thank you !!!

Anne Marie Breslin

Anne Marie Breslin

Posted

Is the issue that your insurance carrier won't pay for the surgery and the lawyer isn't pushing them to approve it? Dealing with legal matters is hard when you're well, it's definitely much harder when you're not, I hope you have a friend or family member who can assist you and go with you when you interview new lawyers and support you as you go through this process. - Best wishes.

Asker

Posted

I'm alone completely my ex left me last march a year ago cause of the stress the Dr was on contingency so I am really worried I have had epidurals and the whole nine yards I did hear one assistant mention they were using that surgery now to get more money or to use it for more care needed ...oh I wish you were in CA and would take my case ... And I also Fr her going through discovery even tho o am disabled nothing to so with my injuries than god but I have a ticket to work and they keep calling me all year and she said you're not claiming lost or new income loss? What? She just finished the paper work and dint want to amend it? And because I have disability emotional she didn't wante to claim emotional stress from the accident ..? This all seems really not fair ...she said the would Sig into my background ok I understand that could be bad it did hurt me on a pi case a long time ago...my case is gone on a year an a half and this late in the game do you think a lawyer would take it? Do know of one I have been searxhimg here I surely wish I found this site a year and a half ago ...these lawyers are so mean they have won awards but so mean and I have spoke to my actual attny one and a quarter time one for him to yell at me before he got the story straight about pt and the other about my previous injuries ... He wanted me to get all my MRIs ...which I got most of them but couldn't pay for the others so they said rhey would get them and when I asked if I could get paid while waiting for the ins co to be paid have them hold that money out of my settlement and pay me twice once before they took their money and after ...of course hold the full amount they were asking cause its Medicare and they can take fore ever the assistant said let th do their job and no ...I couldn't ... I am really upset as of late I was happy thinking I was getting the surgery and going to feel better after even tho I was worried I had no one to be with me the two weeks after thw first surgery ...also I want to thank you this all just happened this week and I am stressed and my counselor I was going for something else for said this is stressing me more!!! I am broke from the accident and all my drs were far away and the pain getting rides for sometimes 3 hours one way and omg my first attny assistant sent me to the wrong dr instead of a neurosurgeon she sent me to a neurologist omg a 700 dollar car ride that took a total of 8 hours in the car not including the appt then I wanted to do the tests he said I had damage she aaid no wrong Dr than after that she wanted me to go back I could have had half of it done omg the first law firm was bad too I was so stressed them something happened im the middle of it si they sent me well I think o was fired not sure when they sent me to this " sister" law firm who I thought seemed great even tho treatment had stopped until I went back to the neuro surgeon and pt after a few months which scared me out of therapy for a while .. but then surgery then months after calls and calls no answers at all then the discovery papers ? I am confused I don't think they are working hard to get me a good settlement its a huge company with a huge policy I don't think I will see what its and I am worth they did a bad job on my beautiful car I had to sell it it never drove right omg ahod I delete this to much info ? I am just trying to tell you I think I know I need a new lawyer I did tell the real assistant to treat me with respect and please stop yelling at me and that is when I never received a return call my lawyer is on here from a long time ago I can tell its old but not good points only barely 7 but it says they have one awards ...I dont know and when you Google them they pop eight up all over the place ...should I delete this after you reply? I hope you reply and do you know a good lawyer the might take my case and I don't think with all the mistakes my first lawyer wants 15% and this one the rest to make 45% I think to many mistakes bar should know

Asker

Posted

I JUST EMAILED YOU LOL AT YOUR FIRM SORRY

Anne Marie Breslin

Anne Marie Breslin

Posted

I'm sorry that the situation is overwhelming. It does become a problem if you have already changed lawyers. Is there another lawyer at the office that you can meet with? Did you let your lawyer know that his assistant was not professional with you? Tell them that you feel like you're not being treated with respect and that you need more information about your case. Good luck with your case.

Asker

Posted

Thank you well the other lawyer sent me here way before surgery was an option I emailed you or sent u the info at your firm site I hope u don't mind I have to figure out how to delete that huge post I will ask the admin ...I thought I could do it in my preferences bit the first lawyer who dis send me there did because they said this lawyer was a did better in litigation and they reduced their cut to 15% or something so the total was still 45% but there are other. Issues if you care to read them on your site you have been great help I wish I could hire you ...I have friends back east :) if theu ever need anything I'll send them your way !!! Thank you ...and I have an answer about the assistant on your page where we post our inquiries :) you'll be amazed I am so sad I could never treat anyone like this and I was always in some form of customer service all my life I love ppl

Asker

Posted

I'm going to delete this thread

Posted

It's hard to determine what they meant when they told you that they were using the surgeon's recommendation "for further care in settlement." It could be that the surgeon is not willing to perform surgery on a lien basis. (That's when a doctor or therapist provides care now, but agrees to wait for payment until after the case has resolved. The healthcare provider agrees to get paid from settlement proceeds.) Often, if the surgery is complex or costly, surgeons, hospitals, surgery centers, anesthesiologists, and all the other professionals involved in the surgery are not willing to do it on a lien. That may be the case here (although, again, their response is a bit vague).

Keep in mind that you do have a duty to mitigate your damages. So if you need the surgery, you have to make a reasonable effort to get it so as not to prolong your pain and suffering and to maximize your prospects for improvement after surgery. That means if you have healthcare insurance or other means of payment, you can't wait around for a settlement to get the surgery done. Also, you and your attorney have a duty to do a reasonable search for a surgeon who WILL do the surgery on a lien basis. (I'm assuming your attorney has already done so, but that may be a question you may want to ask.)

This response is based on limited information. It is not meant as and does not constitute legal advice and does not create an attorney-client relationship.

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Hi yes all his APPTS and the pt were liens and every thing from my attny was a Leon the Dr said he was waiting for the approval from my attny which they said takes sometimes 3 weeks I have asked rhis question and that is the drs answer and the lawyer won't answer first it was get ready and stop some of my Meds which i did and I got all my vitamins then all of a sudden it was get my old MRIs this was the second time I spoke to my actual lawyer? I told him the assistant wasn't returning my calls so then a new aasiatant was helpful bit he told me now it would be a while for the surgery so after a few months of severe pain back on pain Meds and haven't heard and now doing discovery papers I really want this done before a settlement and the woman hwlping me with the discovery papersto put where it said after care because I agent seen my Dr for surgery or another at she said put surgery well there were two surgeries involved and I need them and what if I need more after those I dont want to settle with out those under my belt there is a court date soon to tell where we are and I need to speak with my attny and find out .... I read somewhere also I don't know if this ks truw that if you need surgery and haven't had it before the settlement that its still a surgery case? Is rhia true? Bit still and imo not the lawyer what if he gets in there and there is more damage or complications I want this to happen before amy settlement we dot and can't predict surgery right ? Has any one heard or seen anything like this? Sorry if this is hard to read its hard to correct I am on my cell typing and its being difficult thank you all

John Ksajikian

John Ksajikian

Posted

Yes, you should speak to your attorney directly -- not an assistant, not an associate, but the lead trial attorney -- and get a clear, direct response to your questions. You have a right to know what's going on with your legal case and your medical care. Having said that, the fact that discovery has begun before your treatment is completed is not necessarily unusual or bad. As for your concerns about completing treatment before settlement, you should express those to your lawyer clearly and see what he or she says. There may be legitimate and valid reasons for why your lawyer is doing what he or she is doing, but you have a right to know those reasons.

Asker

Posted

Thank you they make me feel like I'm being rude for asking

Posted

A lawyer can be fired by sending a termination letter.

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Posted

Thank you

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