Insurance Defense Lawyer lies to treating doctor to get private or confidential information

The law firm of ABRAMS LANDAU, Ltd. has been apprised of another instance of an insurance defense lawyer misidentifying himself to a client’s treating doctor in order to get information that may be confidential, private and/or irrelevant to the case.   While there are ethical rules governing lawyer conduct, Doug Landau has seen the Virginia Workers Compensation Commission’s reluctance to take forceful action in the face of dishonorable conduct.  In a recent case, a doctor advised our office that a lawyer identified himself as being the “lawyer for the case,” and the lawyer for the injured worker.   Both of these assertions were false.  After the doctor mentioned some things and answered questions, the other lawyer lowered the boom.  We have even seen insurance defense lawyers cross state boundaries in order to interrogate the claimant and their spouse’s family doctor by this same stratagem.

So, be forewarned.  Tell your doctor WHO YOUR LAWYER IS, and that they do NOT have your permission to talk with anyone else.  If the insurance company, their nurse, lawyer, case manager, adjuster, etc., have questions, they can put them in writing, so that everyone can see.  Doing things “behind closed doors,” or “behind everyone’s backs,” (especially the patient’s), does no good for the medical care or the case.  If you are a client of ABRAMS LANDAU, Ltd., PLEASE TELL YOUR DOCTOR TODAY.  They do not have to speak to anyone from the other side outside of your presence, and you should not give them permission to do so.  If you have questions on how to deal with the sharp practices of insurance defense counsel, the carrier’s nurses or TPA’s claims adjusters, please call us at ABRAMS LANDAU today.

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