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Junior Member
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Join Date: Nov 2007
Posts: 99
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Junior Member
Join Date: Nov 2007
Posts: 99
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Quote:
Originally Posted by tshadow
In TN, do you not have rights to elect to change your primary treating physician at will? You can only pick on, and must stay with one until he releases you? And, would this doctor not discuss with you a way by which you could ask to see a top TOS doctor for just a consult, via a referral by this doctor, for a one-shot exam and consultation opinion report, that then your primary doc would incorporate into his reports and make certain decisions for your care?
Can you get a second opinion and say that you feel you are being railroaded to closing your case without the correct diagnosis?
I am not a practicing attorney anymore, but I vaguely remember that you would want to plan and execute this BEFORE you are made MMI (or P&Sd in CA.) Reason? MMI says that you're through. They've done all they can, and except for regular maintenance so to speak, this is your level and this is what can be expected. Well, if they haven't even got the diagnosis correct, then how can any of that be true?
So, can your attorney get you switched from that doctor you have, (or use him if he's malleable), to say, (and this is in your primary doctor's report by the way) "A brief short story about you and your injury. What the doc's testings have shown him. Then, we do not have doctors with the requisite level of expertise in TOS diagnostics in this area. I have questions lingering on f, g & I. We must go to X, W or Z cities to find a doctor who is an expert for this man to get an appropriate diagnosis, treatment plan and even possible surgical consult. Based on A, B, C & D testings and findings we have done, time if of the essence. I propose doc Joe, Bing and Boo, cities ... Then the doc addresses any opposing doc's opinions, if there are any." That report gets served around on everyone, there's a hearing, and the judge decides. Later, if one of the TOS top docs - and bring in our list to yoru doc to see our list of doctors - says you need surgery and what type, the doc writes a report, and your primary doc incorporates that report and the docs' opinion, IF he agrees. Usually they do. Usually docs truly respect eachother's work. It is the attorneys and adjusters who cause all of the muckety muck and confusion!!!
So then you might have to do a hearing all over again for the actual surgery.
But that's how it's done, I think maybe, just my imaginings here as I'm sure not giving legal advice.
But NO ONE can do this without an attorney from that area, and it is NOT a do-it-yourself system. I used an attorney, for my family I always used an attorney other than me. There are MANY reasons for that - you can get too distracted and emotional and forget!
And the laws change all of the time. That's why you must see a top attorney in your area. You don't want to do all of this work and have your reports not allowed in due to some technicality.
Good luck.
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In TN you have to choose a doctor from a list provided from your employer (in my case none of them would have been a place I would have chosen on my own). Unless that doctor refers a patient on to another doctor, the patient is stuck unless the employer agrees to provide another doctor. I do have an attorney but am not very happy with him as I don't think he's doing enough. I have a hard time getting any answers out of him. Once again you've brought up some good questions that I intend to ask my attorney! Thanks!!!
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