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Virginia Electric & Power Co. v. Bobbitt3/11/1997
sion for appropriate action.
A simple case will illustrate the fallacy of the commission's ruling. If Bobbitt had walked into Dr. Niazi's office, as she did here, and told him that she had employed Dr. deBlois to operate on her back, what should Dr. Niazi's response have been? He could have advised her to immediately get permission for the operation from the employer, the insurance carrier, or the commission. But, he is not responsible for giving legal advice and may not have felt competent to do so. He could have said I approve of that and agree that is the proper thing to do. This still would not have been a referral, and Dr. Young would remain the treating physician. Bobbitt had every right to employ Dr. deBlois to perform the operation. Dr. Niazi had no right to interfere with Bobbitt's choice of a physician. The only difference is that if she chooses an unauthorized physician, she, not the employer, is responsible for paying for the services rendered.
When you dissect the majority opinion, it says that Dr. Niazi consented to the surgery because (1) he never objected to it; (2) he encouraged Bobbitt to accept surgery; and (3) he continued to provide psychiatric support to her for the reasons previously stated. All of these things are irrelevant. Bobbitt had a right to change physicians at anytime, subject only to the fact that she would have to pay for the services of an unauthorized physician if she chose one. The fact that Dr. Niazi did not object, encouraged Bobbitt to accept it, and continued to provide psychiatric support do not amount to a referral. There is a big difference in the meaning of consent and a referral. Again, I would point out that there is absolutely no evidence in the record that Dr. Niazi consented to Bobbitt changing to Dr. deBlois and having the surgery. For the reasons stated, I would reverse the decision of the commission.
Page 1 2 3 4 5 6 Virginia Personal Injury Attorneys
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