The former law firm Winters, Yonker & Rouselle, now known as Winters & Yonker, PSC and its principal attorneys, have been sued by a former client in Jefferson Circuit Court. The law firm, along with 1st Physicians Rehabilitation, Inc. and its owner, are alleged to have had a relationship whereby the medical provider would refer clients to the law firm, who would then instruct the client to have all future medical treatment provided by facilities owned and operated by the medical provider who referred the client.
The Complaint alleges that neither the law firm nor the medical provider disclosed the true nature and extent of the relationship. Furthermore, the client alleges that she was told by the law firm not to use her health insurance to pay for treatment. The end result were medical liens held by the medical provider in higher amounts then the client otherwise would have paid had she used her health insurance. When her settlement was reached, the client received less money then either the law firm or the medical provider, after payment of fees and expenses and medical liens.
The ultimate gripe by the client is that her lawyers and the medical providers were not acting in her best interest, but in their own interest to her detriment. Of course, allegations in the Complaint give only the Plaintiff”s side of the story.
While there is nothing unusual about medical providers and attorneys referring clients in need of their services to one or the other, the purpose of these referrals should be for the benefit of the client. If these allegations are true, they go well beyond the acceptable bounds of referral practice.
If you’ve been injured in a car accident, truck accident, or motorcycle accident and need the services of an accident attorney or a medical provider who specializes in accident injuries, do not be afraid to ask your lawyer or doctor if they know someone who can help. However, if you have questions about the treatment you are getting from your medical provider or the advice you are getting from your lawyer, you should ask your doctor or lawyer to address those concerns immediately. Don’t wait until your case is settled to find out the impact those concerns might have on your case.