In a no-fault law, is it legal for an attorney to have a network of doctors that a client has to go to?

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In a no-fault law, is it legal for an attorney to have a network of doctors that a client has to go to?

I would like to know if I have a right to choose the provider I go to? Or do I have to only go to a network of doctors that seems to work with the attorney that I have?

Asked on November 25, 2011 under Accident Law, Michigan

Answers:

L.P., Member, Pennsylvania and New Jersey Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Thank you for submitting your question.  Aside from workers’ compensation claims where some states allow the insurance provider to select where an injured worker needs to receive treatment, it is generally the patient’s choice where they would be treated for an injury.  However, your attorney may have reasons for selecting a particular doctor.  Often in personal injury actions, attorneys know of doctors, both for the defense and plaintiff that will be more “friendly” towards their side of the lawsuit. 

During the course of litigation, at some point the attorneys will need to submit expert reports, this includes any reports from medical personnel that have examined the injured party.  Over years of litigating, attorneys become familiar with doctors who will submit reports that are more helpful to their case.  This may include a doctor stating the extent of the persons’ injury.  One doctor might be very conservative and state that the patient should not be doing any heavy lifting over ten pounds, while another doctor could state that a person is capable of working to full capacity. 

If your attorney has selected a doctor for you it may be that your attorney knows of the doctor to specialize in the particular injury that you have and also that the doctor submits full and accurate reports.  If you have concerns about the doctor, you can always speak with your attorney as to why that doctor was chosen.  If you are uncomfortable with the way your attorney is handling your case, you should contact another personal injury attorney in your area. 

 


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