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May 15, 2023

BREAKING NEWS

Cancer Discovered During Auto Injury Treatment - Is Defendant Liable?

Yvonne was injured in a rear-end collision. Defendant admitted liability. The Jury’s question was whether Yvonne exaggerated her condition.

 

Yvonne suffered a right orbital eye fracture resulting in, what she claimed was, double vision and a facial scar. Because the defendant was claiming that the medical bills were exaggerated, Yvonne’s attorney waived the medical bills.

 

Yvonne claimed the double vision prevented her from driving or working.

 

Defendant argued that Yvonne presented inconsistent information whether her condition was constant or intermittent. Plus, she had a two-year gap in treatment.

 

Further defendant stated that Yvonne’s emotion turmoil claim was really her cancer diagnosis, discovered during treatment at the hospital after the accident. Defendant argued to the jury the award should not exceed $476,000 in future care. Yvonne asked for $7,500,000.

 

The jury awarded $802,836.

 

Hon Judge Michele Flurer, LA Superior Court 20STCV3150

 

LESSON TIP:

 

Most PI patients have pre-existing issues that need to be fully revealed. Often accidents create more problems for the victim.

 

This case was unique in that the victim discovered life threatening cancer diagnosis because of the accident.

FEATURED ARTICLES

Lewkovich: How Important Is Grip Strength Testing in PI Cases?

In personal injury cases, grip strength testing can help provide objective evidence of the extent of injury and the patient's recovery progress. For example, if a patient's grip strength is significantly lower on one side compared to the other, it may indicate nerve damage or muscle weakness. Monitoring grip strength over time can also help track progress and guide treatment.

Objective proof is the key for successful PI cases. Smart testing justifies care and helps measure treatment progress, while improving your chances of getting paid for PI.

 

For a copy of the Grip Strength Testing Essential of the famous Jamar Dynamometer contact John Tawlian.

Questions from Doctor's

How do we know if we are working with an ethical attorney to avoid the SIU label?

Submitted by Dr. Katie from the Bay Area

 

Getting on the Special Investigations Unit (SIU) is very bad for business. Each insurance carrier, by law, must have a SIU to monitor suspicious PI cases.

 

One of the suspicious indicators is the attorney’s reputation. If the attorney has been repeatedly investigated for fraud, this is a major red flag.

 

But how can doctors find out the attorney’s reputation in their practice?

 

First, search the attorneys name at the California State Bar Association website: https://apps.calbar.ca.gov/attorney/LicenseeSearch/QuickSearch

 

Secondly, talk to your colleagues on the telephone, not in writing, about the attorney’s reputation or trusted attorneys.

 

Thirdly, use your common sense.

 

1. Will the attorney return your calls?

2. Will the attorney help you identify insurance?

3. Will the attorney help you get your med pay?

4. Will the attorney pay you in Full?

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