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The Importance of Client Autonomy in Personal Injury Lawsuits:

  • Golnoush Goharzad
  • Oct 21, 2022
  • 2 min read

Updated: Jun 8, 2023

Letting Clients Guide Their Own Medical Treatment





In personal injury lawsuits, it's crucial to recognize and respect the rights of clients, especially when it comes to their medical treatment. While it may be tempting for lawyers to exert control over their clients' medical decisions, it is essential to prioritize client autonomy. In this blog post, we discuss why lawyers should not control their personal injury clients' medical treatment during the course of a lawsuit.

  1. Expertise and Professional Boundaries: Lawyers are legal professionals, not medical experts. While they possess valuable knowledge and experience in the legal aspects of personal injury cases, they lack the specialized medical expertise required to make informed decisions about a client's treatment. It is crucial to rely on qualified healthcare professionals to provide appropriate medical advice and treatment recommendations.

  2. Patient-Centered Care: In personal injury cases, the primary goal is to ensure the well-being and recovery of the injured client. By empowering clients to make their own medical decisions, lawyers support patient-centered care, where the client's individual needs, preferences, and goals are respected. This approach fosters a collaborative and trusting relationship between the client and their healthcare providers.

  3. Informed Consent: Informed consent is a fundamental principle of medical ethics. It requires healthcare providers to provide patients with all relevant information about their diagnosis, treatment options, potential risks, and benefits. By allowing clients to control their medical treatment, lawyers facilitate the clients' ability to make informed decisions and give their consent based on a clear understanding of their situation.

  4. Ethical Considerations: Lawyers have ethical obligations to act in their clients' best interests, maintain client confidentiality, and avoid conflicts of interest. Although lawyers may facilitate access to care where clients may otherwise be unable to afford or reach medical treatment, by allowing clients to otherwise independently manage their medical treatment, lawyers uphold these ethical responsibilities and prioritize the client's well-being above any potential conflicts that may arise.

  5. Strengthening the Case: Client autonomy in medical decision-making can actually strengthen a personal injury case. When clients have control over their treatment, it demonstrates to the court and insurance companies that they are actively engaged in their recovery process, and that the medical treatment was medically necessary, and not undergone to inflate the value of the lawsuit. This commitment can be seen as a strong indicator of the seriousness of their injuries and the impact on their daily life.

In fact, cases where the medical treatment is strongly influenced by the attorney can have a reverse effect on the value of the case.


At Goharzad Law, we understand the significance of client autonomy and strive to ensure that our clients have the necessary support and resources to make informed decisions about their medical treatment. We are committed to providing comprehensive legal representation while respecting the rights and autonomy of our clients.

 
 
 

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