Kentucky Lawyers Sued By Client
A plaintiff in a car accident lawsuit has become a legal malpractice plaintiff.
Sharon Langford has sued a law firm with office in Kentucky and Florida and made some very serious allegations. Basically, she was alleged to seek health care for her injuries from a specific provider and that there was a business relationship between the provider and the lawyers. She also alleges that the provider and the law firm advised her not to submit the bills to her health insurer and that she did not receive documentation of the charges made by the health care provider.
She alleges that the undisclosed relationship between the health care provider and the lawyers resulted in financial and other losses. Here is a copy of the complaint.
I have no idea whether the allegations of the complaint are true and, quite frankly, I hope they are not. I believe that there is nothing wrong with a lawyer referring a client to a competent doctor for treatment. Likewise, there is nothing wrong with a lawyer recognizing a health care provider's lien on a recovery. But these allegations of misconduct go far beyond that and, if true, are something that should be condemned by all responsible lawyers.
Thanks to Shannon at The Kentucky Trial Court Review for informing me about this litigation.
Mr. Day,
Unfortunately, the allegations in this complaint are probably closer to the mark than you, or other fair practitioners, would wish. The defendant firm is the same firm that was hit with a verdict for over $1M for stealing clients from its former partner in Tampa.
A number of firms and clinics (chiropractor & PT) from Florida have set up shop in Kentucky over the past 10 years due to the PIP benefits provided under KY's Motor Vehicle Reparations Act. Every now and then there is a legitimate claim presented by the FL-based firms, but more often than not, the firms work hand-in-hand with the clinics to "drain the PIP" and boost the specials in hope or anticipation of gaining a higher general damages settlement.
Unfortunately, this is happening in Tennessee, too. When I was in an auto accident,the majority of doctors will not see you if it is for an mva,they routinely said they don't take "third party insurance" including my own medical payments insurance. They wanted cash. And they would not take regular insurance because they said it wouldn't be covered because it was for an mva. Some of the providers have actually resorted to changing medical records to make it look like the injury is not from the mva so that it will get paid for by regular insurance. Unfortunately, this hurts the clients case if it goes to trial because it there are no medical records relating it to the mva (I'm sure the insurance companies love this, and probably used decision models to bring about the response by dr.s) Also was told by one physican that the insurance companies pressure the doctors to go along with the 1/3 rule, ie, the insurance company will settle for the value of the medical bills (because they have to anyways) and the lawyer gets 1/3, the providers get 1/3, and the injured person gets 1/3. Of course, the injured person gets nothing to help them with their futures. Sad that is happening here in TN.