Counsel I Give Certain Guardians Without it Being Legal Advice…

By Bruce W. McCollum, Long-Term Care Project Manager

For guardians who operate primarily in Michigan under the Personal Injury Protection (PIP) provisions, ensuring sound practices is critical to both the success of their work and their professional reputation. Managing care for individuals injured in auto collisions is a complex responsibility that comes with legal and ethical obligations. Over the years, I’ve observed key areas where guardians can tighten their operations to minimize liability and protect their integrity, particularly when delivering or overseeing reimbursable services.

One critical provision is ensuring proper oversight of care services. If a guardian provides or oversees certain management of care services, involving a nurse consultant in evaluating these services can be invaluable. A nurse consultant brings clinical expertise to assess whether services are delivered effectively and in accordance with medical standards. Ignoring this step can lead to serious liabilities. For example, if a guardian oversees care plans without qualified input, they may inadvertently allow substandard services or miss critical care deficiencies. Should an injured party experience harm or stagnation in their recovery due to poor oversight, the guardian could face legal action for negligence, as well as scrutiny from courts or insurance companies regarding their competency.

Additionally, guardians must safeguard their reputation when being critical of a service provider. It’s not uncommon for disputes to arise over the quality of services delivered, but guardians and their employees must approach such situations carefully. If there are personal or professional relationships between the critic and parties who may hold a bias against the provider, this can raise red flags. Courts take accusations of unwarranted bias seriously, and even the perception of partiality can undermine a guardian’s credibility.

For example, if a guardian’s employee publicly criticizes a provider but has a history of personal disputes with the provider’s leadership, the court may question the legitimacy of the critique. This could lead to accusations of conflict of interest, tarnishing the guardian’s integrity and potentially impacting their ability to secure future court appointments. Long-term, such issues can erode trust with insurers and the legal system, ultimately harming the guardian’s reputation and career.

To avoid these pitfalls, guardians should establish clear protocols for evaluating care and handling disputes. This includes involving qualified professionals in service evaluations, documenting all findings objectively, and maintaining transparency in their relationships. By adhering to these practices, guardians can not only minimize liability but also protect their standing in the courts and among the families they serve.

In the high-stakes world of injury care management, professionalism and fairness are essential. Guardians who prioritize these values will find themselves better positioned to serve their clients and sustain their reputations.

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