Articles Tagged with medical treatment

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Personal Injury - Blackwell Law Firm
We trust our doctors. We should. Most doctors are dedicated to helping people. In Huntsville, we are fortunate to have excellent medical professionals.

This post is not about those dedicated doctors (the vast majority) who treat and help their patients. This post is about the rare (but extremely harmful) doctor who earns his/her living not by treating patients — but by selling biased and false opinions for insurance companies in an effort to mislead courts and juries. These paid insurance experts are usually not local. And, they usually don’t provide treatment to real patients. Every profession has a few bad apples. When it comes to these “paid biased experts,” their impact harms the entire justice system.

I’ve cross-examined these biased, paid experts for many years. A recent news article in Nevada highlighted a doctor in that state who was banned from testifying by two local judges. In banning this paid expert, the Nevada judges issued a blistering opinion. The judges found the paid expert gave opinions based “heavily on speculation and other irrelevant factors.” They also found the insurance expert had a “history of personal bias as to some treating physicians and extreme bias” against plaintiffs.

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Workers Compensation - Blackwell Law Firm
Who enjoys doctor’s visits? Almost nobody. Most people view doctor’s appointments as times of stress, anxiety and confusion. Yet, these appointments are essential to your health and healing following a personal injury.

You need to make the most of your doctor visits. Appointments can be hard to schedule. And, you may only get a few minutes with the doctor before his/her next appointment. So, here are six tips to help with your doctor visits.

1. Be Friendly. I know — this is obvious. It “goes without saying.” But, sometimes being friendly is not easy. If you are hurt on the job in Alabama and getting workers’ compensation, then your employer (or its insurance carrier) picks the doctor. Often, these insurance carriers schedule and cancel your appointments with very little concern for you. That process can be extremely frustrating. In other personal injury cases, like car accidents, you get to pick your doctor. Yet, scheduling and waiting for appointments can still be frustrating. How many people can still easily smile after sitting a couple hours in a patient waiting room? How many people can still smile after repeating their story to, yet, another person in another medical office. Any number of issues and inconveniences can sour your mood before you ever see the actual doctor. Don’t let outside issues cause you to be unfriendly or confrontational with the doctor. Trust me — It will not help your treatment or your case.

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Personal Injury
The process was intended to be simple. The steps meant to be clear. You suffer a work-related accident and injury. You notify your boss of that injury. Your employer then communicates the accident or injury information to its insurance carrier. And, the insurance carrier arranges for you to see a doctor. Simple? While it should be simple, it often is not. Many injured workers face hurdles getting necessary medical care. In some cases, it is the employer creating hurdles. In others, it is the insurance carrier.

I recently prepared for the deposition of a plant nurse in a case where the employer created several hurdles to medical care. Why would an employer delay or refuse to start the medical treatment process for its injured employee? An employer may have several reasons to delay care or ignore injury problems. Some employers have insurance policies with high deductibles. A few large employers in Alabama qualify as self-insured. In both situations, an employer may be looking at its out-of-pocket costs. Other employers simply don’t want to file a claim and risk a premium increase. Regardless of the reason, employer delays in medical care harm you the most.

An article in the Occupational Health & Safety (OH&S) journal detailed the story of one company cited by OSHA for “medical mismanagement” because of these issues. The article is titled OSHA Cites Pilgrim’s Pride for Medical Mismanagement and Other Safety Hazards. An OSHA area director was quoted in the article:

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Recent research shows a dangerous problem with many newly approved drugs. Life-threatening side effects are common in the years following FDA approval. An article titled “Study: Side effects emerge after approval for many US drugs” details the new research. The article’s opening paragraph sums it up:

Almost one-third of new drugs approved by U.S. regulators over a decade ended up years later with warnings about unexpected, sometimes life-threatening side effects or complications . . .

This new study followed all prescription drugs approved by the Food and Drug Administration (FDA) from 2001 through 2010. The drugs flagged because of serious post-approval problems included medications for common medical problems such as arthritis, infections, blood clots and depression. The study’s lead author (an associate professor at Yale University) said “the large percentage of problems was a surprise.” As for me — I’m not surprised.

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Blackwell Law Firm
You were hurt on the job. You received workers’ compensation benefits. But, a third-party (someone outside your work) caused the accident. You want to pursue a personal injury claim against that third-party.

The workers’ compensation carrier has a lien against your personal injury case. Under Alabama law, your employer (and its insurance carrier) have certain rights to get their money back if you win your personal injury case. At our firm, we routinely represent clients in both workers’ compensation and other personal injury cases. We understand how these areas of the law interact.

What happens when your employer or its insurance carrier file a lien against the third-party negligence case? The issues can be complicated. How you (or your lawyer) handle these issues can tremendously impact your bottom line. I could discuss these issues in significant detail. But, here are four quick tips to consider when handling this type of case:

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Motorcycle Injury -- Blackwell Law Firm
A Huntsville lawyer recently reposted to LinkedIn an article by someone else titled 10 Common Motorcycle Accidents And How To Avoid Them. The attorney’s LinkedIn post simply contained the article with no additional insight.

The article is interesting. Yet, how many motorcycle riders are going to consult a network of business professionals like LinkedIn before going on a ride? Not many (if any). If people are looking for tips on how to operate their bikes on the highway, they may consult a motorcycle professional or motorcycle publication. If the person consults LinkedIn’s business network it is probably after an accident — for professional advice on handling the injury claims process.

At the Blackwell Law Firm, we have handled many motorcycle accident injury claims. Our law firm has a perspective that separates us from many other lawyers who advertise for personal injury claims. Our unique perspective helps us build these cases. What is our perspective that many other attorneys lack? We have real experience in the actual trial of motorcycle wreck cases. That gives us a unique perspective in a time when most lawyers who claim to handle personal injury work rarely, if ever, go to court for their clients. We have tried a number of these cases over the years (including this year) and have some thoughts based on our experience.

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The Claims Journal (an insurance industry periodical) recently published an interesting study. The California Workers’ Compensation Institute (CWCI) studied workers’ compensation claims involving spinal fusion surgery. According to the researchers most of these claims were initially reported as back strains.

The study is interesting. Yet, the results are not surprising. I have represented people in serious Alabama workers’ compensation and personal injury claims for over twenty years. In workers’ compensation claims, employers and their insurance carriers frequently under-report serious injuries. It’s not unusual for a workplace back injury to be under-reported as a mere strain even where the worker is experiencing symptoms classically associated with more serious spinal problems.

Employers and insurance companies initially under-report injuries in order to save their costs. Yet, the long-term impact on an injured worker can be tremendous. Here are three ways employers and their insurance companies under-report workplace injuries.

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Blackwell Law Firm
A new year means a new push to harm disabled workers in Alabama. The current effort — a proposal by Decatur State Senator Arthur Orr. This is not a new effort. Senator Orr has renewed his yearly effort to cut-off medical and disability benefits for severely injured Alabama workers. Senator Orr’s proposal will harm our communities by pushing disabled workers off insurance benefits and on to taxpayer-funded government benefits. It’s a bad idea.

What are the changes Senator Orr continues to seek:

  • Legislation that severely and arbitrarily limits medical benefits for ALL injured workers in Alabama.
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Photo by Dierk Schaefer
Are traumatic brain injuries (TBI) being diagnosed by emergency rooms? It’s a topic of concern in our personal injury practice. We frequently help families struggling because a loved one suffers a TBI from an accident. We regularly see these injuries in both car accidents and work-related job site accidents. Traumatic brain injuries can drastically change the lives of individuals as well as entire families.

Early documentation and diagnosis are frequent issues in our TBI cases. Why do many TBI victims lack early diagnosis or treatment? Initially, emergency rooms focus on immediate life-saving issues. A mild TBI may not be immediately life-threatening. Emergency rooms often neglect to document or diagnose broader cases of head trauma. This lack of documentation and care may continue beyond the initial ER visit. Later physicians are often inexperienced in mild traumatic brain injuries. These physicians may focus on the particular physical injury within their specialty while neglecting a TBI. Insurance companies also contribute to the problem with proper care. In workers’ compensation cases where the insurance company selects your doctors, insurers routinely ignore complaints. For insurance companies, it’s about saving money instead of providing care. These patients may never see a physician experienced or skilled with TBI issues.

The delayed diagnosis of TBI cases has two very bad effects. First, delays in diagnosis impact healing. Second, delays in diagnosis make it much more difficult to prove an accident caused your injury in court. Causation (did the accident cause your TBI) can become a huge issue in these cases.

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Photo by KOMUnews

Emergency Rooms Fail To Diagnose Many Traumatic Brain Injuries

In past posts, I’ve discussed problems with emergency room protocols for accident victims who may be suffering a traumatic brain injury (TBI). Emergency rooms often fail to diagnose significant cases of TBI as well as significant disc injuries in the spine. Our office regularly interviews victims of car accidents and work-related accidents with injuries left undiagnosed by emergency room personnel.

I get it. Emergency rooms are often crowded and chaotic. Emergency room professionals must worry about immediate life and death issues. Will the patient live? Is the patient at risk of paralysis? How do we stabilize the patient? These questions take priority. Yet, many significant TBI cases are left undiagnosed and untreated.