Conversations with My Doctor
There are many relationships that you have where the conversations you engage in are private and privileged: attorneys, preachers, and doctors come to mind. When you have a workers’ compensation injury, your conversations with your doctor are no longer private. The filing of the workers’ compensation claim essentially waives any private conversations you can have with your doctor. After all, the workers’ compensation insurance company or your employer are paying for the medical treatment so they are entitled to know what is going on with your injuries, what treatment options are available and what work restrictions you have.
Normally, this is not a problem. You tell the doctor about your physical problems and the doctor finds the solution. However, it is what you tell your doctor about how you got your injuries and the extent of your injuries that can cause you problems. Let me first and foremost tell you to always and without question tell the doctor the truth. Telling your doctor the truth about how you got your injuries and the extent of your injuries is the most important thing that you can possibly do on your claim. Sometimes though people can exaggerate the extent of their injuries wrongfully believing that this will get them more help and possibly more money down the road. The discrepancies in what you tell the doctors and what you testified to in your deposition can call into question your credibility as a witness, which is detrimental to your case.
For example, the doctors will ask how you got hurt. If you tell the doctor you don’t know what caused your injuries, then it looks as if you are not telling the truth when you try to blame your on-the-job accident for the problems that you have. I cannot tell you how many times my clients have got into trouble by telling their doctors one thing and testifying to something totally different. Consistency and truthfulness are very important.
The only way that you can get the doctor to help you is to be truthful by telling the doctor the pain that you’re feeling, the true extent of your limitations, what activities increase your pain and what activities decrease your pain. If you tell the doctor you cannot do anything due to the pain, then this needs to be the absolute truth. Many times the employer and insurer will send surveillance out to watch a client to see what activities they are doing outside of their home. If you claim you cannot do anything but they catch you washing your car in your driveway or mowing your grass, it makes you look dishonest. You won’t be able to get the real help you need from the doctors if they believe you’re not telling them truthfully about what is going on with you.
In summary, you must remember that anything you tell the doctor can and will be put in his medical reports for everyone to see. We absolutely recommend that you tell the truth to the doctor and if you do that, you should not have any problems. If you have any questions about conversations with your doctor, please contact your attorney.
Shannon Rolen, Esq.
J. Franklin Burns, P.C.
(404) 303-7770
www.frankburnslaw.com
www.jfblaw.com
Please note our new fax number (404) 255-0183
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