Can I Keep My Doctor if Their Office Does Not Work with My Injury Lawyer?

I Want to Keep My Current Doctor or Chiropractor, but Their Office Has Concerns About Working With My Lawyer. What Should I Clarify About Care, Records and Billing?

Start by asking your provider’s office exactly what it means when it says it cannot work with your lawyer. The concern may involve paperwork, insurance requirements, unpaid bills, or requests to participate in the legal case. A refusal to accept one arrangement does not necessarily prevent others.

Five separate issues may need clarification:

• Treatment Relationship: Will the provider continue treating you even without direct involvement in your legal case?
• Records Release: Will the office provide your medical records with proper authorization, even if it declines other legal requests?
• Health-Plan Participation: Will the provider continue billing your health insurance, and what charges might you owe?
• Medical Liens: Will the provider consider accepting payment from a future settlement or judgment instead of requiring payment under its usual terms?
• Bill Negotiation: Will the provider consider reducing unpaid charges, and when would those discussions occur?

These arrangements serve different purposes. A provider may agree to release medical records while refusing a medical lien. Likewise, accepting health insurance does not mean the office must negotiate unpaid charges or prepare reports for litigation.

Clarifying these differences can help you, your provider, and your attorney determine whether an administrative solution is possible without changing your medical care.

What Happens if Your Doctor Refuses to Continue Treatment?

A provider’s refusal to work with your lawyer does not necessarily mean they will stop treating you. First, clarify whether the concern involves legal matters, billing arrangements, or continued care.

Physicians and chiropractors are both licensed healthcare professionals in California, but their scope of practice differs.

• Physicians can diagnose and treat a broad range of medical conditions, prescribe medications, and perform surgery within their scope of practice.
• Chiropractors primarily address musculoskeletal conditions, including spinal problems, through non-surgical treatments. They cannot prescribe medications or perform surgery.

Because they have different licensing requirements and regulatory boards, the professional standards governing the termination of patient care may also differ.

If Your Physician Ends Treatment

According to the Medical Board of California, physicians may discontinue treatment but must take reasonable steps to avoid patient abandonment.

The Board advises physicians to:

• Provide Written Notice: Explain when treatment will end.
• Allow Time for Transition: Provide at least 15 days of emergency treatment and prescription coverage.
• Offer Care Resources: Explain how to find another physician and obtain medical records.

Possible Consequences: Improper patient abandonment may lead to a Medical Board investigation and disciplinary action, depending on the circumstances.

If Your Chiropractor Ends Treatment

The Board of Chiropractic Examiners regulates California chiropractors. They must follow professional standards that prohibit negligent conduct and actions that endanger patients.

If your chiropractor plans to stop treating you, clarify:

• Treatment End Date: When will your appointments stop?
• Continued Care: What options are available if you still need treatment?
• Medical Records: How can you obtain or transfer your chiropractic records?

Possible Consequences: A chiropractor who improperly ends treatment in a way that constitutes negligence or endangers a patient may face investigation and disciplinary action, depending on the circumstances.

What if the Healthcare Professional Delays or Refuses to Release Medical Records?

A doctor’s office may decline to discuss legal matters with your lawyer, but it must still comply with applicable patient-record laws. California generally gives patients and qualifying representatives the right to access their medical records, including records maintained by licensed chiropractors.

What Are the Deadlines for Releasing Medical Records?

California Health and Safety Code §123110 establishes the following general requirements:

• Record Inspection: Patients and qualifying representatives generally have the right to inspect medical records within five working days.
• Copies of Records: Providers generally must transmit requested copies within 15 days.
• Copying Fees: Providers may charge fees permitted by law, subject to applicable restrictions.
• Unpaid Treatment Bills: Providers cannot withhold records because patients owe money for medical care.

Can Your Lawyer Request Medical Records Directly?

Yes. A properly completed Health Insurance Portability and Accountability Act (HIPAA) authorization generally permits your lawyer to request medical records.

Under California Evidence Code §1158, qualifying providers must make records available when attorneys present proper written patient authorization before a lawsuit is filed or a defendant appears.

The law also addresses the following:

• Records Availability: Qualifying providers must make records available for inspection and copying during business hours within five days of a compliant request.
• Failure to Comply: Noncompliance may result in liability for reasonable enforcement expenses, including attorneys’ fees.

Your provider’s refusal to participate in legal discussions does not automatically eliminate these records-access obligations.

What Can You Do if the Office Refuses to Release Records?

If the office delays or refuses your request, consider these steps:

1. Confirm the Request: Ask whether the office received the authorization and whether any information is missing.
2. Request Records Directly: You may use your own patient access rights if the office declines to process your lawyer’s request.
3. Clarify Fees: Ask about any permitted copying or processing charges.
4. Document the Response: Keep copies of your request, authorization, correspondence, and any explanation for the delay.
5. Contact Your Attorney: Ask your lawyer to review available remedies if the provider improperly denies access.

The provider’s response can affect how long it takes a lawyer to get medical records.

Unpaid medical bills do not cancel your medical-record access rights. Outstanding treatment charges and records requests must be handled separately.

Who Can Request Records for a Minor or Another Adult?

For minors or patients who cannot act independently, access may be available to a legally authorized representative.

• Parents and Guardians: They generally have access rights, subject to applicable privacy laws and restrictions.
• Authorized Adult Representatives: Access depends on the representative’s legal authority.
• Other Family Members: Being related to an adult patient does not automatically grant access to that person’s medical records.

If there is uncertainty about who may request records, ask the provider what documentation it requires to establish legal authority.

How Do Insurance, Medical Liens, and Bill Negotiation Affect Your Choice?

Your provider’s concerns may involve how and when medical bills will be paid. Health insurance billing, medical liens, and bill negotiation have different payment terms and financial risks. Understanding these differences can help you assess whether continued treatment with your current provider is possible.

Health-Plan Billing

Your doctor may accept your health insurance even if the office refuses to work with your attorney. Under this arrangement, the office submits eligible charges to your health plan. You may still owe copayments, deductibles, or uncovered expenses.

However, several factors may affect your coverage and financial responsibility:

• Out-of-Pocket Costs: You may still owe copayments, deductibles, or uncovered expenses.
• Network Restrictions: An out-of-network provider may charge more, depending on your plan.
• Prior Authorization: Some treatments require approval from your insurer before it will cover them.
• Continuity of Care: California Health and Safety Code §1373.96 allows certain patients to request continuity-of-care coverage following a qualifying change in provider or health plan. Approval depends on the circumstances and applicable requirements.

If your insurer denies payment, clarify the following:

• Will the billing office submit a corrected claim or additional supporting documents?
• What are your health plan’s appeal procedures and deadlines?
• Can your scheduled appointments continue while the payment dispute remains unresolved?
• Will you be responsible for denied charges?

Health-plan reimbursement is another consideration. If your insurer pays accident-related bills, it may seek repayment from your injury recovery.

California Civil Code §3040 limits certain reimbursement claims by regulated health plans and insurers. However, these limits do not automatically apply to Medicare, Medi-Cal, workers’ compensation, hospital liens, or every employer-sponsored plan.

Medical Liens and Letters of Protection

A voluntary medical lien may allow you to receive treatment now and pay the provider from a future settlement or judgment. A letter of protection may create similar obligations, depending on its terms.

Before signing either arrangement, clarify:

• Covered Services: Which treatments and medical expenses does the agreement cover?
• Charges: How will the provider calculate the amount owed?
• Payment Terms: When does payment become due?
• Financial Responsibility: Will you still owe the provider if your case produces little or no compensation?
• Settlement Payment: How will the provider receive payment if you obtain a settlement or judgment?

Providers are not required to accept voluntary liens or letters of protection. Your attorney can review proposed agreements, but cannot guarantee that the provider will accept them. The law firm may also decline arrangements that do not fit its representation agreement or case requirements.

Hospital liens differ from voluntary provider agreements. California Civil Code §3045.1 gives qualifying hospitals statutory lien rights for certain injury-related medical services.

An attorney can examine which lien rules apply and whether claimed amounts are enforceable.

Bill Negotiation and Unpaid Medical Expenses

Bill negotiation concerns the amount owed rather than the original payment method.

For example, a provider may bill your health insurance but leave an unpaid balance. Your attorney may ask whether the office will consider reducing that balance.

Before discussing a possible reduction, clarify:

• Outstanding Balance: How much remains unpaid after insurance payments or other adjustments?
• Negotiation Policy: Does the provider consider reducing unpaid medical charges?
• Review Timing: Will the office discuss a reduction before or after your case settles?
• Payment Responsibility: Who is responsible for paying the remaining balance if no reduction is offered?
• Insufficient Recovery: What happens if your settlement does not cover all outstanding medical expenses?

Some providers negotiate unpaid balances. Others follow policies that do not allow reductions. No discount is guaranteed.

You may remain responsible for unpaid medical bills if your claim produces no compensation or the recovery is insufficient. Your obligations depend on your insurance coverage and payment agreements.

If you recover compensation, you may need to pay medical bills from your personal injury settlement. Valid medical liens and reimbursement claims can reduce the amount you ultimately receive.

Questions about medical bills or payment arrangements? Arash Law’s personal injury attorneys can review concerns involving your claim. Call (888) 488-1391 for a free case evaluation.

How to Organize a Patient, Provider, and Attorney Discussion

You do not necessarily need a joint meeting to address your provider’s concerns. A clear division of responsibilities can help resolve administrative issues without involving the doctor in every legal discussion.

What Each Party Handles

Each party has a different role in coordinating medical care, records, and billing. Clarifying these responsibilities can help prevent misunderstandings.

• The Patient: You can help coordinate administrative matters by:
  • Confirming Treatment: Ask whether your doctor or chiropractor can continue treating you.
  • Reviewing Payment Terms: Understand the proposed billing arrangements and your financial responsibilities.
  • Authorizing Records Access: Sign appropriate forms allowing your attorney to request medical records.
  • Keeping Documentation: Save copies of medical bills, appointment notices, and office communications.
• Your Doctor or Chiropractor: Your healthcare provider is responsible for medical care and related office procedures, including:
  • Providing Medical Care: Making treatment decisions based on your medical needs.
  • Maintaining Records: Documenting your care and responding to lawful medical-record requests.
  • Explaining Office Policies: Clarifying insurance billing procedures and accepted payment arrangements.
  • Handling Legal Requests: Deciding whether to accept voluntary medical liens or prepare special legal reports.
• Your Attorney: Depending on the scope of representation, your attorney may assist with:
  • Reviewing Your Injury Claim: Assessing the legal issues and identifying relevant medical documentation.
  • Requesting Records: Obtaining authorized medical records needed to evaluate or support your claim.
  • Reviewing Payment Obligations: Assessing applicable insurance coverage, medical liens, and reimbursement demands.
  • Coordinating Administrative Matters: Communicating with your provider’s office about records and billing concerns when appropriate.

For example, your doctor may continue billing your health plan while your attorney requests medical records separately. The provider does not necessarily have to participate in settlement discussions for these arrangements to work.

What if Your Provider and Lawyer Cannot Agree?

If your doctor or chiropractor is unwilling to work with your injury lawyer, first identify the specific issue preventing them from reaching an agreement. The disagreement may involve payment arrangements, medical records, or requests for additional documentation.

Depending on the concern, you may have several options:

• Payment Arrangements: If your provider refuses to accept a medical lien, ask whether they can continue billing your health insurance or accept another payment method.
• Medical Records: If your provider does not want to communicate directly with your attorney, you may still authorize the release of your medical records through the provider’s usual procedures.
• Special Reports: If your provider declines to prepare reports specifically for your legal case, your attorney can review whether existing medical records and other evidence are sufficient.

If these options do not resolve the disagreement, ask your provider to explain which arrangements they are willing to accept. Share that information with your attorney so you can clarify any remaining billing or records issues.

You do not necessarily have to change providers because of an administrative disagreement. However, if continued treatment is no longer possible, discuss your care options with an appropriate healthcare professional. Your attorney can help address the legal and administrative issues, but medical decisions remain between you and your healthcare providers.

How Arash Law Helps Coordinate Medical Records and Billing

Arash Law attorneys can serve as administrative contacts between injured clients and medical providers. Depending on the case, this may include requesting records, discussing billing concerns, and reviewing medical liens.

For those injured in vehicle collisions, our car accident lawyers may also assist with these administrative issues as part of their representation.

Case Result: Auto vs. Pedestrian

$12,000,000 Settlement

Arash Law secured a $12 million settlement for a 74-year-old pedestrian who suffered severe injuries while crossing the street. The case settled just before jury selection began. Throughout the case, the firm provided personalized, concierge-level support during the client’s medical recovery.

Available coordination services depend on the case, representation agreement, and provider’s policies.

Past results do not guarantee future outcomes. Every case is different.

Frequently Asked Questions About Keeping Your Doctor During an Injury Claim

Keeping your current provider can raise additional questions about insurance, legal records, and filing deadlines. The following answers address common concerns.

Do I Have to Switch to a Doctor My Lawyer Recommends?

No. You generally do not have to switch doctors simply because your lawyer recommends another provider.

However, your options may depend on insurance coverage, provider availability, and workers’ compensation rules. Your attorney cannot require a doctor to accept a particular billing arrangement.

Can I Get Treatment Without Health Insurance?

Possibly. Some providers accept direct payments, payment plans, or voluntary medical liens. Auto medical payments coverage may also help with eligible expenses.

Not every provider offers these arrangements. Clarify payment terms and your financial responsibility before signing an agreement.

Can I Keep My Regular Doctor After a Work Injury?

It depends on California workers’ compensation rules.

A worker who properly designated an eligible personal physician before the injury may qualify to continue treatment with that doctor.

Otherwise, employer medical provider networks or health care organization rules may restrict physician selection. Separate rules apply to personal chiropractors.

The California Division of Workers’ Compensation explains these restrictions. The rules also differ when a worker pursues both workers’ compensation and a third-party injury claim. Our guide to what workers’ compensation lawyers do explains the two legal processes.

What Is the Deadline to File a Personal Injury Claim in California?

California Code of Civil Procedure §335.1 generally gives injured people two years to file a personal injury lawsuit against a private party.

Government Code §911.2 generally requires an injury claim against a California public entity to be filed within six months. Separate lawsuit deadlines apply after the government responds or fails to respond.

Other rules may apply to minors and medical negligence claims.

Medical-record delays or billing disagreements do not automatically extend these deadlines.

Get Help Coordinating Your Medical Care and Injury Claim

You may be able to keep your doctor or chiropractor, even if their office refuses to work directly with your injury lawyer.

Arash Law attorneys can review concerns involving medical records, insurance, and billing arrangements. Depending on the case, the firm may help coordinate these matters with your provider.

However, Arash Law cannot guarantee that a provider will continue treatment, accept a medical lien, or reduce charges.

Arash Law handles qualifying personal injury cases on a contingency fee basis. Attorney fees depend on the written agreement and whether compensation is recovered. Case costs may apply.

Call (888) 488-1391 to schedule your free case review. Hablamos español.

Sources

• California Health and Safety Code §123105. Defines covered providers, including chiropractors, under California patient-record laws. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=HSC&sectionNum=123105.
• California Health and Safety Code §123110. Establishes patient access rights and record response periods. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=HSC&sectionNum=123110.
• California Evidence Code §1158. Establishes attorney access to medical records with proper written authorization and potential liability for failure to provide access within five days. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EVID&sectionNum=1158.
• U.S. Department of Health and Human Services. Explains HIPAA authorization and patient access differences. https://www.hhs.gov/hipaa/for-professionals/faq/why-depend-on-the-individuals-right/index.html
• Medical Board of California. Guides ending physician-patient relationships. https://www.mbc.ca.gov/Licensing/Physicians-and-Surgeons/Practice-Information/
• California Department of Managed Health Care. Explains continuity-of-care coverage. https://www.dmhc.ca.gov/HealthCareinCalifornia/YourHealthCareRights/ContinuityofCare.aspx
• California Civil Code §3040. Limits certain health-plan reimbursement liens. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=3040.
• California Civil Code §3045.1. Establishes qualifying hospital lien rights. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=3045.1.
• California Division of Workers’ Compensation. Explains physician selection and medical provider networks. https://www.dir.ca.gov/dwc/MedicalCare.htm
• California Courts, Deadlines to Sue Someone. Explains general personal injury filing deadlines. https://selfhelp.courts.ca.gov/civil-lawsuit/statute-limitations
• California Courts, Government Claims. Explains government claim presentation and lawsuit deadlines. https://selfhelp.courts.ca.gov/civil-lawsuit/government-claim
• California Department of Managed Health Care. Explains complaints and appeals involving denied health insurance claims. https://www.dmhc.ca.gov/fileacomplaint
• U.S. Department of Health and Human Services, Unpaid Medical Bills and Records Access. Explains why providers cannot deny access to records because of unpaid treatment bills. https://www.hhs.gov/hipaa/for-professionals/faq/is-a-health-care-provider-permitted-to-deny/index.html
• U.S. Department of Health and Human Services, Personal Representatives. Explains medical-record access rights for legally authorized representatives, including parents and guardians. https://www.hhs.gov/hipaa/for-professionals/privacy/guidance/personal-representatives/index.html
• Arash Law Case Results. Documents the $12 million pedestrian accident settlement. https://arashlaw.com/case-results/

Disclaimer

This article provides general information, not legal advice. Each injury claim and medical payment arrangement depends on its facts. Past results do not guarantee future outcomes. Reading this page does not create an attorney-client relationship with Arash Law. Consult a licensed California attorney about your situation.