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Demystifying the Personal Injury Process- Part 2: Choosing Medical Care

We recently started a series answering some of the recurring questions that we have heard over the years. Last week, we discussed the contingent attorney fee.

Our clients often wonder where they should receive treatment for their injuries. Much like a vehicle owner involved in a collision has the right to choose where a damaged vehicle is repaired, an injured person has the right to choose where he or she treats. You can choose to be treated at the scene by emergency medical crews, transported to a hospital, examined by a family doctor/chiropractor/physical therapist at a scheduled appointment, etc.

The choice is entirely up to you. You should never be pressured into selecting or receiving medical care that you are not comfortable with. Some companies solicit business from injured persons.

An Ohio law was recently passed in October 2019 that restricted health care practitioners with the intent to obtain professional employment from directly contacting in person, by telephone, or by electronic means any party to a motor vehicle accident, any victim of crime, or any witness to a motor vehicle accident or crime until thirty days after the date of the collision or crime.

On July 9, 2020, the Cuyahoga Court of Common Pleas issued a preliminary injunction enjoining and restraining the application or enforcement of that law, though telephone numbers of motor vehicle accident victims listed on any law enforcement record or report will remain confidential. The injunction will continue until the final termination of the proceeding or further order of the Court.

While medical providers (and third-party companies hired by them to solicit business) battle that issue in court, the fact remains that an injured person should seek medical treatment from the provider of his or her choosing.

In the event that your injuries require a different type of treatment, you can work with both your medical provider and health insurer to make sure that you find a suitable provider within your network as you would whenever you may need medical treatment even when you are not involved in a collision.  For instance, your family doctor may suggest physical therapy and can likely provide you with a list of options.  You can check with your health insurer to make sure that the physical therapist that you choose is in your network.

You may also want to ask your family and friends for recommendations regarding local doctors handling a particular specialty. We have represented a number of clients who sought treatment from orthopedic doctors or neurologists based upon the recommendation of someone near and dear to the client without outstanding results.

In the event that seeking treatment could lead to outstanding bills, you can utilize your health insurance and potentially your automobile insurance if you have a type of coverage called medical payments to pay those medical bills.

Need Legal Representation?

At The Richards Firm, we regularly accept and win those tough cases that other attorneys shy away from. We strive to serve our community and to fight for your rights.

If you suffered injury as a result of a vehicle or truck accident, dog bite, defective product, defective premises, or nursing home negligence or you or a loved one have suffered a wrongful death, contact your local, trusted personal injury attorney in Hamilton, Ohio and the surrounding communities today at 513-868-2731 or visit us at

Follow The Richards Firm on Facebook (@TheRichardsFirm) or on Twitter (@FirmRichards).

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