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Doug Landau
Doug Landau
Attorney • (866) 735-1102 Ext 610

Do NOT let your doctor talk to Workers Comp Insurance Company Nurses, Adjusters or Others

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outside of your presence, unless you really want to lose your case, end up watching them testify against you or cause problems with your relationship with your doctor. Why take the risk ? These nurses and "medical case managers" usually seem so friendly at first.

But, as one fellow Florida bar member put it, "In our area, nurses have gotten out of control. They are super aggressive and convincing doctors to change their opinions. They meet with the doctors ex-parte. Isn’t this a breach of the doctor patient confidentiality. This is happening in Florida. Would the Florida doctor/patient confidentiality rules prevent nurses from meeting with the treating physicians ex parte?"

Unfortunately, the answer in many states is "no" If the doctors allow it, these insurance company agents can meet with them without the patient’s knowledge consent ! At ABRAMS LANDAU, Ltd., we do not allow this, and advise doctors not to discuss treatment with third parties, even if they are working on behalf of the employer or the workers compensation insurance company. In Illinois and some other states, the practice may have been banned.

Patients should assert their rights at the very outset. These "nurses" are NOT to be in the examination rooms or hallways handing doctors envelopes with "who knows what" in them. They should not be invading uninjured worker’s family’s privacy by coming to their home. If they have important questions, they can be reduced to writing, sent to the injured worker or their counsel, so that a record is made of who is doing what, when and to whom. So that you and your family are not taken advantage of by the workers comp insurance company and its agents, you should secure experienced, insured and competent legal counsel as soon as possible after an on the job fracture, permanent injury or car crash.