After a car accident in NYC, diligently taking part in medical treatment is important for both your physical recovery and protecting your rights and ability to seek compensation. But there can be times where victims are not satisfied with their current doctors or their condition requires the expertise of a different specialist. As a result, many wonder, ‘Can I switch doctors after a NYC car accident without hurting my claim?’ While you generally have the right to change medical providers, you need to know how to do it properly and how a change can impact your claim. In this article, the Gabriel Law team will take up the role of your New York City auto accident attorney and walk you through switching doctors after a car accident.
Can you legally switch doctors after a car accident in NYC?
Yes, you are legally allowed to switch doctors during your treatment after a car accident in NYC. New York law does not require you to remain with a single physician or medical professional throughout the entire recovery period. However, switching doctors in the middle of a compensation claim can have an impact if not handled correctly.
Why do people choose to switch doctors?
Over the years, the team at Gabriel Law has handled many NYC car accident cases. Based on our experience as a car accident lawyer in NYC, there are a number of reasons why people choose to switch doctors in the middle of recovery. Some of the most prominent reasons include:
- The need for specialized care—Victims may need to switch from their primary care physician to a specialist to treat specific injuries caused by the accident. (e.g., nerve damage, soft tissue injuries, herniated discs, etc.)
- No-fault insurance complications—Sometimes, the doctor you choose may not accept or have the capability to handle no-fault insurance claims.
- Poor documentation – Medical evidence is the foundation of your case. If the doctor is poor at their documentation, a victim may not be able to present it at the negotiations and court.
- Lack of progress – If the patient shows no signs of improvement, they may look for a second opinion with another medical professional.
- Unsatisfactory care – Patients can switch care providers when they have to constantly deal with poor communication, long wait times, and the feeling that the doctor is not taking their pain seriously.
How can switching doctors affect your compensation claim?
Switching doctors in the middle of treatment after a car accident can affect your compensation claim in a number of ways. Some of the most prominent ways include:
- Accusations of “Doctor Shopping”—If you’ve changed your doctor multiple times without a clear reason or explanation, the insurance company can argue that you are looking for a doctor that can help you fabricate evidence.
- Challenges to the severity of injuries—Different doctors can have different opinions on the severity of the injuries. The inconsistencies can be exploited by insurance companies to try and reduce your settlement.
- Gaps and disruptions in treatment – When you switch between doctors, it can result in gaps and disruptions to your treatment. The gaps in your medical history can be exploited by your insurance company.
How can you switch doctors without hurting your claim?
If you are switching doctors, here’s what you can do safely to do the switch and protect your claim:
- Choose a doctor with specialist expertise and previous experience with no-fault insurance cases.
- Inform the insurance company about the switch and provide a valid reason.
- Consistently follow a treatment plan. Make sure not to have a significant gap in the treatment.
- Arrange your new doctor to receive all your prior medical documentation as soon as possible.
- Consult your accident lawyer in New York about the switch and make sure that the switch aligns with your case strategy.
What common mistakes can hurt your claim?
Switching doctors in the middle of your treatment is a delicate process. Having one or more of these mistakes can have serious consequences, as it can open the door for insurance companies to challenge your claim. The common mistakes you should avoid are:
- Stopping treatment before completing the transfer to the new doctor.
- Failing to notify the insurance company about the transfer.
- Creating “doctor shopping” allegations by switching doctors multiple times.
- Not consolidating your medical evidence into one location.
Conclusion
While you have every right to switch doctors after an accident, the transition must be handled properly. When the transfer is not handled correctly, it can result in situations that can be exploited by insurance companies to reduce, delay, and even deny your settlement. If you’re considering switching doctors but are worried about how it may affect your case, then speak to an experienced car accident lawyer in NYC. As a personal injury law firm in NYC, the Gabriel Law team is ready to guide you through the transition, protecting your rights, helping you avoid costly mistakes, and working towards getting the compensation you deserve. Contact us today and schedule your free consultation with us today!
