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Can a Kentucky Doctor Tell the Person That Hurt You About Your Medical Treatment?

Posted on Tuesday, June 16th, 2015 at 12:57 pm    

If you’ve been injured due to someone else’s negligence, such as in a car accident, Kentucky law now gives the person that hurt you the right to contact your doctor about your medical treatment. The question is whether your doctor is required to talk to the person that hurt you, and what your doctor is allowed to tell that person.

In Caldwell v. Castro, the Kentucky Supreme Court just decided that Kentucky law does allow someone else to contact your doctor without you or your attorney present, and without being in a courtroom or without a licensed court reporter present. That person is then allowed to ask the doctor all kinds of questions about your personal medical treatment, both before and after the accident that hurt you, even if that person is the one that hurt you in the first place. Talk about an invasion of your privacy!

doctor-patientHowever, there is always fine print to read and this fine print is very important. The Kentucky Supreme Court said that HIPAA is a factor here. HIPAA is the law that makes all your medical information private. Even though another person is allowed to contact your doctor and ask all kinds of personal questions about you without getting in trouble, that doesn’t mean your doctor is required to answer those questions. On the contrary, both HIPAA and the Kentucky Medical Licensure Board’s code of ethics requires a doctor to keep a patient’s information confidential. Thus, before a doctor can release your medical information to the opposing party in a lawsuit, the doctor must have either a) an authorization signed by you, or b) an order from the Court specifically requiring the doctor to disclose protected medical information.

The Caldwell opinion is probably going to create a problem: people liable for injuries but desperate to get out of their duty to pay for their bad actions are going to call the injured person’s doctors looking for something to give them a get-out-of-jail free card. Doctors need to know that they are not allowed to give this information away freely! Make sure you tell your doctor that you do not feel comfortable with him or her discussing your medical history with someone else, and specifically instruct them not to do so without your permission. That is your right, and it should be protected.

At Lawrence & Associates, we represent Kentucky and Ohio clients in all forms of personal injury claims, from car accidents to product liability claims. We’re Working Hard for the Working Class, and we’d be proud to represent you. Call today!


Lawrence & Associates Help a Guest of a Hotel Who Was Attacked on Their Premises Get Surgery

Posted on Friday, April 10th, 2015 at 4:34 pm    

At the firm of Lawrence & Associates in Fort Mitchell, Kentucky, we fight for the rights of people who have suffered serious injuries and the families of fatal accident victims. We work tirelessly to help our clients get compensation and deal with the medical, financial and emotional effects of serious accidents. We will supply as many details as possible while still respecting our clients need for privacy.

The Situation

While our client was staying at a hotel, he was attacked. The attack severely injured the client’s neck. Hotel employees witnessed the attack, but did not want to get involved. The owner of the hotel denied responsibility for the injury, and refused to pay for the client’s surgery.

What We Did

Lawrence & Associates filed a lawsuit against the hotel to enable our client to get surgery.

The Result

Lawrence & Associates obtained a recovery for our client and he was able to get all the necessary medical treatment he needed.


Lawrence & Associates Help a Client Get a Settlement Even After a Police Officer Messed Up His Accident Report

Posted on Friday, December 12th, 2014 at 4:46 pm    

accident reportAt the firm of Lawrence & Associates in Fort Mitchell, Kentucky, we fight for the rights of people who have suffered serious injuries and the families of fatal accident victims. We work tirelessly to help our clients get compensation and deal with the medical, financial and emotional effects of serious accidents. We will supply as many details as possible while still respecting our clients need for privacy.

The Situation

Our client was in a car wreck when the person behind him failed to stop and rear ended his vehicle. Adding insult to injury, the police officer that responded to the scene got his notes from two different wrecks mixed up, so the police report was incorrect. This caused our client some major heartburn as they dealt with their insurance carrier.

What We Did

Lawrence & Associates tracked down witnesses to the accident. We also found the police officer and got to the bottom of the faulty police report. We presented the proof of what really happened to our clients insurance carrier so that their coverage couldn’t be denied any longer.

The Result

Lawrence & Associates were able to resolve this case without filing a lawsuit. Our clients car was fixed and his medical bills were paid, plus he was able to set aside some money for future needs.


Lawrence & Associates Rescue a Client and Get Her a Settlement After Being Abandoned by a Previous Attorney

Posted on Friday, December 5th, 2014 at 4:22 pm    

rescueAt the firm of Lawrence & Associates in Fort Mitchell, Kentucky, we fight for the rights of people who have suffered serious injuries and the families of fatal accident victims. We work tirelessly to help our clients get compensation and deal with the medical, financial and emotional effects of serious accidents. We will supply as many details as possible while still respecting our clients need for privacy.

The Situation

Our client had another attorney for her car accident, but he was not returning her phone calls. She was hurt and was almost kicked out of the court system, but deserved compensation.

What We Did

Lawrence & Associates took over her case in time to save it from being dismissed, fought the defense attorney until it was clear that our client’s case would no longer be a pushover, and negotiated a settlement.

The Result

Not only did the client get a settlement she was happy with, but Lawrence & Associates also helped her negotiate down the bills she owed to her doctors.


Lawrence & Associates Help A Client Who Lost Income Because He Was in a Kentucky Auto Accident By No Fault of His Own

Posted on Thursday, October 2nd, 2014 at 2:21 pm    

car crashAt the firm of Lawrence & Associates in Fort Mitchell, Kentucky, we fight for the rights of people who have suffered serious injuries and the families of fatal accident victims. We work tirelessly to help our clients get compensation and deal with the medical, financial and emotional effects of serious accidents. We will supply as many details as possible while still respecting our clients need for privacy.

The Situation

Our client was involved in a wreck on the interstate while driving through Kentucky. Because of the wreck, the client was unable to begin work on a new construction contract outside the country. The other driver’s insurance company refused to reimburse the client for the loss of income.

What We Did

Lawrence & Associates filed a lawsuit against the other driver and got proof of the lost income from the company that awarded the construction contract.

The Result

Lawrence & Associates recovered for our client’s lost income and got the property damage for his vehicle paid in full.

Contact Us at (513) 351-5997 for a Free Consultation


Spotlight on Justin Lawrence: Partner at Lawrence and Associates Focusing on Personal Injury

Posted on Thursday, July 3rd, 2014 at 11:57 am    

Firm Founder Focusing on Personal Injury

I’ve been practicing law since October 2005 and I found Lawrence & Associates. I currently oversee all practice areas, including Personal Injury, Workers’ Compensation, and Bankruptcy. However, my hands-on work is mostly in Personal Injury litigation, particularly for products liability and admiralty cases.

Devoted to Helping People Get Back on Their Feet

I went to law school because I wanted to help people. No one needs help more than someone that’s had a traumatic life event. Whether you’ve been hurt and can’t pay medical bills, or lost your job and can’t pay your mortgage, I take a lot of pride in fact that my firm can help get you back on your feet.

I always wanted to represent people, not businesses. I would have to walk off the job the first time a business wanted me to sue a single mom, or something like that. Also, I worked at Children’s Hospital during law school and knew medical records pretty well. So I focused on an area of practice where I knew I’d be helping people and could put my medical based skills to good use. Lawrence & Associates started off practicing in personal injury and expanded from there.

The Future For Lawrence & Associates

Lawrence & Associates needs to continue to grow and sometimes it’s tough because there are a lot of cheap, gimmicky lawyers out there.  Most prospective clients have trouble telling the difference between good lawyers and bad. Getting past the static created by those silly commercials is a major challenge to my firm’s ability to represent those in need.

Lawrence & Associates wants to grow to become the premier legal representation for people in the Northern Kentucky and Greater Cincinnati areas. We want to expand our ability to help people with personal injury, workers’ compensation and bankruptcy cases, as well as expand into other areas of practice such as estate planning and elder law.

Our Firm Sets Ourselves Apart Through Client Satisfaction

We are simply the best in client satisfaction, hands down. Most of our business comes from referrals, and a lot of those are from prior clients. We communicate well with our clients and get results. All our fees are up front and there are no hidden charges. We know good service leads to more business down the road than campy commercials or tired gimmicks.

Success is Helping Our Clients with Their Problems…And Winning!

I’ve had clients hug me in the courtroom when they realize we’ve accomplished whatever we set out to do. I’ve brought in millions of dollars for my clients, including two multi-million dollar cases so far in 2014. Both are forms of success to my firm and I. My firm and I like winning, and we win a lot.

Keys to my success are empathy, public speaking, persistence, and continual learning. My background working at Cincinnati Children’s Hospital gave me a unique perspective into medical treatment that helps benefit my clients. Also, I’m one of very few people who actually enjoys and looks forward to public speaking. This helps a great deal in the courtroom. In regard to education, I’ve spent the last nine years focusing on the personal injury, workers’ compensation, and bankruptcy areas of practice, and I’ve taken hundreds of hours of continuing education in those areas.

Giving Back to the Community

I focus on helping children with disabilities. I’m on the Board of Directors of Redwood and sponsor several of their events. Redwood is a school that helps children and adults with disabilities lead happy, enriching lives that are incorporated into the mainstream community wherever possible. I have also been appointed by the governor to sit on the Commonwealth of Kentucky’s Interagency Coordinating Council for Early Childhood Development, which focuses on helping children with disabilities meet their developmental goals from birth to age three.

Favorite Quote

“Nothing in this world can take the place of persistence.” – Calvin Coolidge, 30th President of the United States

About Our Personal Injury Practice

Personal InjuryAt the firm of Lawrence & Associates in Fort Mitchell, Kentucky, we fight for the rights of people who have suffered serious injuries and the families of fatal accident victims. We work tirelessly to help our clients get compensation and deal with the medical, financial and emotional effects of serious accidents. You will have the comfort of knowing that an experienced legal team is doing everything it can to help you deal with the challenges you face. Lawrence & Associates is located in Fort Mitchell, Kentucky, and serves all of Northern Kentucky.

Contact Us (859.371.5997) for a Free Consultation


“What is Personal Injury Protection (PIP)?” is a Frequently Asked Question to Northern Kentucky Personal Injury Lawyers

Posted on Tuesday, May 27th, 2014 at 1:40 pm    

car wreckPersonal Injury Protection, or “PIP”, is a basic coverage that is required in Kentucky on all motor vehicles, with the exception of motorcycles. It generally provides up to $10,000 to each covered individual in an accident to be used for the purposes of paying for medical expenses, lost wages, and all other costs that resulted due to the accident (optional higher benefits and deductibles are available).

Who’s PIP is Used and How?

 

In most circumstances, the PIP is paid by the insurer of the vehicle in which the injured person was riding at the time of the accident. For example, if an insured motorist is in an accident while driving his insured vehicle, his insurance company will pay the PIP. It does not matter who was at fault in causing the accident. Additionally, if a vehicle strikes a pedestrian, the insurer of that vehicle will pay the PIP associated with the pedestrian’s accident related expenses.

What if there is no PIP?

In certain circumstances, an injured party will find that there is no PIP available. For example, this can occur in a situation where the injured party is uninsured and the owner of the vehicle does not have existing coverage for his vehicle. If a pedestrian is struck by an uninsured vehicle (where the owner of the vehicle failed to have insurance or the driver of the vehicle was uninsured), then his best option is to file a claim for basic PIP to the Kentucky Assigned Claims Plan. The KAC is a state fund which provides basic PIP benefits to those who meet the certain requirements listed under KRS 304.39-160 and 304.39-170. An example of someone who would not be entitled to apply to the KAC for PIP would be an injured driver who was uninsured at the time of the accident.

If you or someone you know has been in an automobile accident, have medical bills piling up, and are unsure of what your options are, do not hesitate to contact a Northern Kentucky Personal Injury Lawyer. Lawrence & Associates can help get you the benefits that you deserve!

Contact Us (859.371.5997) for a Free Consultation


What to Do Immediately After an Automobile Accident

Posted on Thursday, May 15th, 2014 at 2:38 pm    

After an automobile accidentAccording to the a Kentucky Traffic Collision Facts Report, Kentucky reported 150,278 car accidents on public roads. Out of those reported accidents, 37,289 drivers and passengers were injured or killed. Either you or someone you know is overwhelmingly likely to be in a car accident at some point in their lives. If you are involved in a personal injury litigation arising from a car accident, you will greatly benefit from consulting a Northern Kentucky personal injury attorney. Although automobile accidents are unfortunate, there are certain things that a person can do immediately after an accident which can either help or hurt their case.

Automobile Accident Tips 

  1. Stay at the scene – If you are involved in an accident involving injury, or substantial damage to property, stay at the scene of the accident until the police give you the okay to leave. Leaving the scene of an accident can result in driver’s license sanctions and even criminal charges.
  2. Obtain information – If you are involved in an accident, it is always wise to obtain the other driver’s name, address, driver’s license number, insurance information, and license plate number. Moreover, if there are witnesses take down their name, address and telephone number which may prove useful in your case. Obtaining the police officer’s information may also prove useful when obtaining the accident report. Finally, it may be wise to take notes about the accident itself, including the location where the accident occurred, the speed limit, the weather, time of day, how the accident occurred, etc.
  3. Give a statement only to police –  It is best not to make statements to anyone at the accident scene, other than the police. You are not required to give a statement to the other person’s insurance policy.
  4. Seek medical care if you are injured – Seeking medical care immediately following an accident will help halt arguments by the other driver’s insurance company that you were not actually injured in the accident or that your injuries arose from something that occurred after the accident. In certain circumstances, we get cases where a person is injured in an automobile accident but waits until the pain is unbearable before seeking medical treatment. This not only can hurt the injured person’s case, but it also causes the person to suffer from pain unnecessarily.

Although being involved in an automobile accident may be devastating to both you and your family, there’s good news- you may be entitled to compensation! Contact Northern Kentucky law firm Lawrence & Associates today for a free initial consultation with an experienced automobile accident attorney who can evaluate your case and help determine if you should pursue a personal injury action.

Contact Us (859.371.5997) for a Free Consultation

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