QUESTION
Do I have any recourse if my doctor falsified the statement?
Asked on Sep 14th, 2013 on Automobile Accidents - Alabama
More details to this question:
My car accident caused Temporomandibular Disorders and level 3 whiplashes. The car insurance of the man responsible asked me who my doctor was and paid for my physiotherapy. I sought a lawyer when they began to push me to sign a settlement after two months. 2.5 years later, my doctor who I have known now 2.8 years had to write a report for the lawyers. He stated the most ridiculous things. Example "Patient advised by lawyer to request stronger pain killers" "patient advised by lawyer to seek different Temporomandibular Disorders therapy". Other than the fact that I would never need to even mention my lawyer, There are two important facts: (1) I was and am in pain and requested better/more care/help for myself (2)My lawyer (impossible to get a hold of) has only ever advised me to continue my treatments. As an educated woman, a responsible mother and full time employee at a hospital I am insulted by my doctor's statements. My lawyer who was in talks to finalize settlement has said "the doctor's statements have greatly damaged your case." This morning the lawyers settled the case - out of court- for $18000.00 and my lawyer again repeated how badly the doctor’s report hurt our case. My doctor lied. Do I have any recourse? I am to sign documents and get my settlement cheque on Tuesday.
6 ANSWERS
Ronald A. Steinberg
If you cab prove that the doctor lied, you can file criminal charges.
Answered on Sep 30th, 2013 at 2:20 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Report him to the medical society at least.
Answered on Sep 18th, 2013 at 3:46 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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If you sign the case is over. It will be your word against the doctor's. follow your lawyer's advice.
Answered on Sep 17th, 2013 at 12:19 PM
1 Award
I don't think you have any realistic chance of recovering compensation from your doctor for misstating things in his records. How could you ever prove that what he wrote is incorrect? On the other hand, you could file a complaint with the Wisconsin Department of Safety and Professional Services to let them know about what happened. I think you will probably have the same difficulty with the Department of Safety and Professional Services as you would have with a civil case against the doctor. It will be difficult to prove your case. Filing a complaint with the Department of Safety and Professional Services does not obtain any compensation to you. It is simply the first step to trying to initiate an investigation of what happened. The Department does not pursue many claims seeking discipline, so I think even doing that would be a long shot.
Answered on Sep 17th, 2013 at 12:08 PM
4 Awards
Since you already have an attorney, here she is the one who should address this issue. I would be curious to know whether there's any notation in the actual medical record of these alleged actions. I would also think that you might have telephone records that would reflect when you made phone calls to your lawyer or receive them and if you correlated that with your doctors visits might be able to prove that it would be impossible for those statements to have any validity.
Answered on Sep 17th, 2013 at 12:07 PM
James Eugene Hasser
You need to discuss that with the lawyer that is handling your case. He is in the best position to determine if you have a case against the Dr.
Answered on Sep 17th, 2013 at 12:06 PM