When your doctor refuses to pin the accident on the carelessness of another person, he is doing them a big favor, especially if he knows it was their fault. He is refusing to be a witness to his care. He is hurting your case. As a specialized witness with knowledge of medicine, he probably has a good idea what probably caused your neck, back or shoulder injury. Without him, you are missing a vital link in your case.
Florida law requires an injured person to prove three things. First, that the Defendant was careless. Usually this is my job. I use accident reports, witness statements, photographs, medical records and the law to prove defendant was “at fault.”
Second, as your attorney I look to see if your doctor has explained your injuries in detail, your treatment, and your prognosis. Although not necessary for treatment, it is necessary for you to have a case to know WHY you needed treatment. Was it due to your own poor health? Maybe you slipped and fell at home? Or maybe it was someone else’s fault? This is where your doctor needs to step up, and go to bat for you. His medical opinion about Why you needed his care is called “causation” testimony, or proximate cause evidence. The third thing to prove is the extent of your money damages. This is also my job.
Causation medical testimony must be reasonably certain. It is not enough for you doctor to say, “The accident may very well have caused your injury.” or “It may have” or “It might have.” He has to “man up”. He has to say in his medical opinion the injury which he treated you for was probably due to the defendant’s conduct.
Some doctors in Flagler county, Florida refuse to go to bat for the patient from a legal point of view. The will not cooperate with your attorney. They will not even meet with you attorney or fill out any questionnaires. This is unfortunate and substantial depresses the amount of any possible recovery. These doctors are anxious to get paid for their service, but use every trick in the book to avoid helping you get a fair settlement.
I’ve been here long enough to know who the “good” doctors and the “”bad” doctors are. If you are interested and want to know give me a call and we can have a free discussion.