Defense Base Act Attorney Straight Talk: What Does Free Choice Of Physician Mean?

Defense Base Act Attorney Straight Talk

This article is one in a series of Defense Base Act Attorney Straight Talk articles. These articles are based upon 25 years of representing DBA workers. If you search for "Defense Base Act Attorney Straight Talk" on the Internet, you will find a whole host of articles where we provide you with great free and useful information so you can understand and win your Defense Base Act case.

Your Free Choice Begins After You Return Home

Under the Defense Base Act you are entitled to a "Free Choice Of Physician." Generally, you don't make your Free Choice Of Physician until you return back home after you are injured. For example, you may have received medical care in the country where you were injured. Or, you may have been flown to receive emergency medical care in a foreign city. However, you don't actually exercise your choice of doctors until you arrive at your home. Once you return home, who you choose as your physician is critically important to your case.

Your Doctor Has A Presumption

Under the DBA, your doctor is entitled to a presumption that their opinion regarding the care you need and your resulting disability is correct. A presumption means that the Judge is supposed to initially credit your doctor's opinion over the DBA insurance company. While the Judge can and sometimes will credit the DBA insurance company doctor over you doctor, if your doctors opinions are well reasoned and not conclusory - then you have a real good shot of having the Judge believe and credit your doctor.

Trouble arises when your doctor gives opinions which are favorable to the DBA insurance company and not you. Big trouble. When your doctor goes against you - it is up uphill battle.

Always Tell The Truth

This is one of the main reasons why we counsel our clients to be completely candid with their doctor. We tell them to be painfully frank and honest with their doctor. If your doctor trusts and believes you - then they are more likely to provide opinions which help you. Conversely, if your doctor doesn't believe you and trust you - then they are more likely to issue medical findings which do not help your case or worse, actually hurt your case.

Don't Let The DBA Insurance Adjuster Choose Your Doctor

Don't ever allow the DBA insurance company to recommend or send you to their doctor. This can and will result in a bad result for your case. Know this - when the DBA insurance carrier is sending your doctor cases - the doctor is are more likely to be the type of doctor that says, "You are fine, back to work."

At best your doctor will always have in the back of their mind that they will get the next patient from the DBA insurance company. You need to realize that in an age of managed care (read: HMO's and PPO's). and Medicare, many doctors fell squeezed economically. They didn't go to medical school to get nickled and dimed on every patient. Which is where you come in.

With a DBA patient, the doctor will be paid at their "market rate." Meaning, your doctor makes A LOT more profit off a DBA patient than a Medicare patient, PPO patient and/or a HMO patient. The reason we bring this to your attention is you need to know the facts of life. In other words, DBA Attorney Straight Talk.

The Bottom Line

So here is the deal: You need to make sure the doctor that you choose as your Free Choice Of Physician is going to "call it the way they see it." Meaning, the doctor will not lean towards the insurance company. At the end of the day, all you want is an honest doctor. Trouble is, very few DBA workers have any idea about how to find a doctor that is a patient advocate and not an insurance company hack. This why we strongly recommend you choose your Defense Base Act Attorney before your choose make your Free Choice Of Physcian.

Disclaimer

This article is not legal advice. I am simplistic in order to achieve clarity. If you are a seriously injured DBA worker - you are advised to hire the very best DBA Attorney that will take your case. Finally, whenever you are bringing a court case your credibility is always at issue. Always tell the truth.


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Bill Turley is one of the Leading Defense Base Act Attorneys in America. He has the highest Avvo Rating and was awarded Super Lawyer. He teaches lawyers about the Defense Base Act. He has the #1 Defense Base Act Attorney website.