Attorneys often have established relationships with medical professionals to whom they refer their personal injury clients. While these collaborations can be beneficial for a client’s recovery and case outcome, they can also create potential conflicts of interest if not managed carefully.
Example scenario: When professional lines blur
Consider a scenario where an attorney consistently refers car accident clients to a particular orthopedic surgeon. Over time, the attorney and the doctor develop a professional rapport.
However, if a client experiences complications due to the surgeon’s negligence, the attorney might face a dilemma. Pursuing a medical malpractice claim against the doctor could strain their professional relationship and affect future referrals. The potential for that strain could impact the attorney’s willingness to act in the injured client’s best interest.
Understanding conflicts of interest
Conflicts of interest are a significant concern in the legal profession, as they can undermine an attorney’s ability to provide unbiased and effective representation. These conflicts occur when an attorney’s personal or professional relationships interfere with their duty to act solely in the client’s best interest. Such situations can arise in various forms, each posing unique challenges and ethical dilemmas.
For instance, when an attorney maintains a close professional relationship with a medical practitioner they frequently refer clients to, this connection may inadvertently influence the attorney’s decisions.
The attorney might feel implicit pressure to maintain a harmonious relationship with the doctor, potentially at the expense of their client’s needs. This pressure can manifest in subtle ways, such as hesitating to question the doctor’s judgment or overlooking potential medical malpractice issues.
Moreover, conflicts of interest are not limited to direct relationships with third parties like doctors. They can also arise from financial interests, past or concurrent client relationships, or even personal beliefs that conflict with the client’s case.
For example, an attorney might own shares in a medical facility where a client received treatment, creating a financial conflict that could cloud their professional judgment.
The implications of such conflicts are profound. An attorney’s divided loyalty can result in compromised legal strategies, inadequate advocacy, and ultimately, harm to the client’s case.
It may also lead to a breach of the attorney’s fiduciary duty, which is the legal obligation to act with loyalty, confidentiality and competence when representing clients.
To handle these complex situations, attorneys must remain vigilant and proactive in identifying and addressing potential conflicts. This involves conducting thorough conflict checks, maintaining transparency with clients and, when necessary, seeking informed consent to proceed despite any disclosed conflicts.
By adhering to these ethical guidelines, attorneys can uphold the integrity of their practice and ensure that their clients receive the dedicated representation they deserve.
Why this particular type of conflict is concerning
In the context of attorney-doctor relationships, the conflict becomes problematic when the attorney’s decision-making is influenced by their relationship with the doctor rather than the client’s best interest.
If an attorney hesitates to pursue a legitimate medical malpractice claim due to their relationship with the physician, the client may not receive the full scope of legal advocacy they deserve.
Professional ethics and the duty of care
Attorneys are bound by professional ethics to conduct thorough conflict checks and maintain unwavering loyalty to their clients. This duty of care includes the responsibility to disclose any potential conflicts and obtain informed consent from the client.
It is crucial for attorneys to evaluate their relationships with medical professionals continuously and ensure that these do not interfere with their obligation to the client.
What to do if you suspect a conflict
If you believe that your attorney may have been influenced by a relationship with a doctor, or if you have suffered other harm due to a potential conflict of interest, it may be in your interest to consult with a legal malpractice lawyer. They can assess the situation and explore your options for addressing any possible breaches of duty.