If your patient was injured in California and has filed a personal injury lawsuit, you are likely to be subpoenaed for a discovery deposition. This article should interest medical professionals not only in California, but also in Southern Oregon who may be treating patients injured in California. Discovery depositions in California differ from the process … Read more
With this issue, the MEDICAL-LEGAL JOURNAL begins circulation to medical professionals in Northern California. Formerly called Southern Oregon MEDICAL-LEGAL JOURNAL, our banner now reads State of Jefferson MEDICAL-LEGAL JOURNAL. We welcome the Northern California medical community to our readership. Black, Chapman, Webber and Stevens has distributed the MEDICAL-LEGAL JOURNAL quarterly as a public service to … Read more
If a person is injured due to the negligence or fault of another, compensation for the consequences of the injury is called “damages.” Such compensation for a work injury is called “benefits.” This article explains how damages for a personal injury negligence claim (most commonly an auto accident) differ from benefits received as a result … Read more
When you are asked to testify as to the causes and effects of a patient’s injuries, bear in mind that standards of proof vary depending on what legal forum you are in. If your patient is suing someone for negligently causing his/her injuries, the standard may differ from that applied if your patient is trying … Read more
It has come to our attention that some doctors’ offices are wary of treating persons involved in motor vehicle accidents. Perhaps there are concerns about long delays in getting the medical bills paid or not being paid at all. This article looks at legal provisions for paying the medical bills of persons injured in motor … Read more
Lawyers handling personal-injury, Workers’ Compensation and the Social Security disability cases almost always work on a contingency basis. This means that they must succeed in winning the client’s case or proving the client is entitled to benefits in order to receive a fee for their services. In other words, they may devote many hours to … Read more
Your patient’s personal-injury case is going to trial and your testimony is needed. There are two ways to do this: by deposition or by actually appearing and testifying as an expert witness at the trial. This article explores the advantages and disadvantages of each, both for you and for your patient. Many doctors tell us … Read more
Unlike injuries covered by Workers’ Compensation benefits, settlements and awards in personal injury claims – such as auto accidents or “slip and fall” – cannot be “left open” for payment as needed for future medical expenses. Most doctors know that injured workers with accepted injuries may receive ongoing medial care at the Comp carrier’s expense. … Read more
An adjuster recently told us that Allstate would pay only $1,500 total settlement for personal injuries resulting from a car accident if there is little or no property damage. The adjuster said, in effect, “Yes, I believe your client was hurt, but I don’t think a jury will believe it.” That is, He is confident … Read more
When your injured patient is covered by Medicare or Medicaid (Oregon Medical Assistance Program), you may be inclined to bill another paying source which might be available. It is important to be aware of the rules effecting who you may bill, bow much you may bill and when you may bill. This article gives an … Read more