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 .

Asked over 1 year ago - 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)

  1. Christopher Steven Hoffmann

    Contributor Level 14

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    Answered . 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.

  2. John Ksajikian

    Contributor Level 13

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    Answered . 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... more
  3. Anne Marie Breslin

    Contributor Level 11

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    Answered . 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... more
  4. Christian K. Lassen II

    Pro

    Contributor Level 20

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    Answered . A lawyer can be fired by sending a termination letter.

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