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Counsel That You Can Trust & Depend On


Guy DiMartino April 19, 2015

A while back I I received a phone call from a woman who was concerned because she felt her lawyer was pushing her into surgery after an accident. The woman had holistic views of healthcare and surgery was the farthest thing from her mind. She was of the belief that the only way she would have surgery was if they had to wheel her into the hospital in a wheelbarrow.

I can't talk for this woman, but the truth is that some lawyers will push their clients towards surgery. I've seen it first hand. Why? Because generally a surgical personal injury case is worth more than a non-surgical case. Insurance companies will pay more on a claim if an injured person has surgery. There is a subset of people who been injured in accidents that are okay with selling a piece of their body for a personal injury settlement.

What is great about living in America is that people have autonomy when it comes to medical decision making. The key to autonomy is making an informed decision. I have counseled patients and now clients on my views and understanding of surgical procedures since the 1980s.

Like anything else, a client has to be truly informed regarding the procedure including understanding the risks and alternatives of the surgery. All surgical procedures come with a degree of risk and the client has to understand that there is no guarantee that they will get better with surgery or that the insurance company is going to pay them more money because of the surgery. If they go into the procedure with open eyes and haven't been sold a bill of goods then they will have to live with their decision – good or bad.

Each and every case has its own factual scenario, strengths and weaknesses. However, if you feel that your lawyer is pushing you towards surgery, it's time to tell them that it is your body and you will do what you and your doctors believe is best at the right time.

If you have any questions about an Indiana personal injury, you can always give me a call at (219) 874-4878