Florida Judge Rules That State Farm Can View Surgeon’s Files

By Orlando Personal Injury Attorney on September 15, 2012

James O. Cunningham and other Orlando personal injury attorneys are closely following developments in a lawsuit filed against State Farm Insurance. The nationwide insurance corporation, aggressively defending itself against an auto-injury lawsuit brought by a Florida personal injury law firm, recently persuaded a federal judge to order a Florida neurosurgeon to turn over his surgical logs to the insurer.

State Farm alleged during a recent court hearing that the information in the logs will provide insight into what they say was a "preset" deal between the surgeon, Dr. Ara Deukmedjian, and the law firm to inflate medical charges in the firm’s personal injury lawsuits. Representatives of the law firm, Morgan & Morgan, and the surgeon have flatly denied that any agreement to inflate charges existed. However, the order issued by U.S. Magistrate Judge Philip R. Lammens may strengthen or weaken their defense in the lawsuit. Morgan & Morgan filed the lawsuit in 2010 on behalf of an accident injury victim who wanted State Farm to pay for surgery performed by Dr. Deukmedjian.

State Farm denied the victim’s claim, saying that the doctor’s fees were excessive. The insurer claims that the $61,788 that the doctor charged for a procedure that he "typically performs in less than one hour" is one of many incidents of inflated charges performed by the surgeon on the law firm’s clients. State Farm alleged in court documents and during arguments that the surgeon has a longstanding agreement with the law firm to bill far more for his services than he intends to collect. Lawyers for State Farm say that the overcharging involves hundreds of personal injury from the late 2000s, resulting in millions of dollars.

It will be interesting to see how or if the surgical logs help or hinder State Farm’s defense and if a judge or jury finds that the surgeon and the law firm colluded to overcharge the insurer. Cases like this underscore the importance of injured people hiring experienced Orlando personal injury attorneys to represent them and help them through what can be a long and arduous process. Lawsuits filed against large corporations often require meticulous case preparation and many years of experience in order to be successful. If you have been injured and want to speak with an Orlando personal injury lawyer who has been practicing law and winning cases for clients since 1977, call James O. Cunningham today at 800-425-2004. He has a proven record of success in difficult cases like these, and he has the skills and resources to build effective cases for his clients. Call today!

James O. Cunningham

Since 1977, personal injury lawyer James Cunningham has provided effective legal advocacy to people who are injured through the negligent actions of another person or entity throughout the Central Florida area. He fights to obtain recoveries for his clients’ physical and emotional pain and suffering and pursues his clients’ personal injury cases with a commitment to excellence and impeccable preparation.