Counsel That You Can Trust & Depend On


Guy DiMartino
April 28, 2015

Your lawyer sent you an update letter after taking a deposition in your personal injury matter. In the letter, he summarized the witnesses testimony and he said that if the jury believes the witness than it can be bad for your case. You read the letter and get stressed out. Later that day, you're in your doctor's office getting a massage and you tell the massage therapist that you are really stressed out about your case. You then repeat what the lawyer told you in his letter. The massage therapist is not thinking about it writes your statements in your medical record. This medical record will be sent to the insurance company or to the insurance company's lawyer. Do you know that you just waived attorney client privilege and the other side now knows your lawyer's evaluation of your case.

You think it won't happen to you Think again. I have seen this scenario numerous times in my years of practice. There are two things that you should never discuss with your healthcare providers if you are making a personal injury claim:

  1. Discussions with your lawyer and or their staff. What your lawyer tells you is covered under the attorney/client privilege and it is nobody else's business. Do not inadvertently disclose this information, it can hurt your personal injury case.

  2. Discussions with the insurance company. Sometimes patients will repeat discussions they have with the insurance adjuster to their doctor or the doctor's staff. If this gets charted in the medical record, this information will be used against your doctor to establish some sort of bias. The insurance company or their lawyer will challenge the doctor's credibility arguing that the doctor was more interested in your personal injury claim then treating your injuries.

Making a personal injury claim or being involved in any legal matter has a number of traps. Please do not fall for these traps it can cost you thousands of dollars in the long run. Issues regarding your personal injury should be kept confidential.

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