The first and closing medical reports on treatment of an injury are always key evidence in a personal injury claim. Each item recorded will be scrutinized for what it says and what it does not say. Knowing your reports may eventually be scrutinized by attorneys may affect how you write them. This article discusses what … Read more
When you give medical testimony about a patient involved in a legal dispute, your audience is an important consideration. Your audience is the person or persons who will be considering and making a decision based on your testimony. This article explains ways to vary your presentation depending on whether your medical opinion is needed in … Read more
In a developing body of testimony, many doctors and therapists treating our injured clients seem to us to be articulating a comprehensive medical basis for long-term back and neck symptoms. The following is our understanding of the analysis we are hearing through medical-legal testimony about some of the reasons for persistent musculoskeletal conditions in our … Read more
Earlier this year, this office received several letters from State Farm with checks enclosed to pay medical bills denied to our clients as early as 1993. The denied medical benefits were “no fault” PIP benefits claimed by State Farm’s own insureds who were shocked by how their own insurance company was treating them. In the … Read more
Two recent cases tried by this office illustrate the importance of medical evidence to jury awards of non-economic damages. In one case, our client (“Client A”) had suffered soft tissue injuries. The jury awarded $75,000, which was all we had asked for, in non-economic damages. The doctor who testified as Defense Medical Examiner (“DME doctor”) … Read more
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
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