Articles Tagged with medical treatment

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Blackwell Law Firm - Helping Alabama TBI VictimsWe have prepared many cases involving traumatic brain injury (TBI). This includes TBI caused by both automobile accidents and workplace accidents. TBI cases are very different than your “normal” car wreck or personal injury case.

Do you think routine medical professionals typically understand TBI? Think again. TBI is often misunderstood by medical professionals. Many medical professionals have wrong opinions about TBI. I’ve heard non-specialists WRONGLY state a patient has no TBI because a CT scan came back normal. In truth, many patients with mild TBI have normal scans. I’ve heard non-specialists WRONGLY assume a person with a “mild” TBI will always recover fully. Wrong again. While many mild TBI patients do recover, some continue to suffer long-term or permanent impairments. Many doctors and nurses do NOT understand this injury. That lack of understanding also makes TBI cases very difficult.

Because so many people fail to understand TBI cases, we advocate for strong family involvement. The injured person’s closest family and friends are typically in the best position to observe changes in behavior, emotion, memory or cognitive ability. We also recommend testing and treatment by specialists.

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Blackwell Law Firm - Huntsville Personal Injury LawyersIn May 2017, an Alabama Circuit Court Judge in Birmingham declared Alabama’s Workers’ Compensation Act unconstitutional. What were the reasons why? Our law placed caps on benefits for workers suffering a permanent partial disability and on the attorneys who help those injured workers. The Birmingham case was later resolved and the Act remains in force. So, workers’ compensation benefits continue to be provided in Alabama. Yet, the decision started discussions about the unjust nature of our Act.

The cap on benefits for partially disabled workers is especially unfair and unjust. The cap was enacted decades ago. While everything else has been adjusted for inflation, the cap has not. The result — partially disabled workers receive a benefit placing their families below the poverty level. That is a horrible way for us to treat the working men and women in our communities.

Following the Judge’s decision, a task force formed to propose changes in our workers’ compensation laws. I’ve been concerned since the beginning. Why? My concern is this — What important benefits will workers lose in exchange for a modest increase in partial disability benefits? My concern is real. Across the United States, we have seen a slow erosion of workers’ compensation benefits. In other states, task forces and legislative proposals gave workers something small in  exchange for taking other more valuable benefits. Repeatedly, other state legislatures de-valued their most important resource — the working men and women of their state. If I’m worried this Alabama task force will “dangle” a carrot of increasing one benefit while taking others, I’ve seen it elsewhere.

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Blackwell Law FirmIn a prior post, I asked “Can A Simple Blood Test Reveal Traumatic Brain Injury?” At the time, the research looked promising. After writing that prior post, we continued to follow developments. Now, the Food & Drug Administration (FDA) has approved a blood test for this purpose.

Why is a blood test for traumatic brain injury (TBI) significant? In a short answer — Many TBI victims suffer without a diagnosis, without treatment and without understanding. Following a traumatic incident, emergency rooms frequently fail to diagnose TBI cases.

Think about it. After a serious accident, you rush to the hospital. Suddenly, you are in a crowded emergency room. It can be a chaotic scene. While emergency rooms are designed to handle “emergencies” like yours, they are also overflowing with patients who lack the resources or finances to seek basic care elsewhere. Emergency room physicians and nurses work hard. They have hard jobs. They work to treat all patients. But, life and death issues take priority. They must. With so many patients and so many problems, many significant TBI cases go undiagnosed and untreated. After all, many TBI patients look normal.

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Blackwell Law FirmIf you have suffered a serious work-related injury, you may know the frustration. You report the accident. You ask for medical care. Then, your employer sends you to its “occupational” doctor. In Huntsville and many other communities, we have an “occupational” health clinic that typically serves this purpose.

You arrive at the occupational health clinic thinking you will get care. Does the occupational doctor ignore your pain or problems? Does the occupational doctor seem more concerned with the drug test than your injury? Does the occupational doctor misconstrue your history to claim the injury was a pre-existing problem? Or, does the occupational doctor simply neglect your care as long as possible? I’ve heard all the common frustrations. Trust me, they call that physician the “company doctor” for a very good reason.

If you continue to hurt, the occupational doctor may eventually refer you to a specialist. Now, you have a whole new set of frustrations. It takes forever to get an appointment. Afterwards, the insurance company (falsely) claims it never received the specialist’s reports or recommendations for treatment. You sit. You wait. You cannot get the treatment needed to heal. The insurance company uses “paperwork” and “approval” tactics to delay your treatment.

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Blackwell Law FirmAs a personal injury attorney, I often follow other trials and verdicts across Alabama. Recently, some excellent attorneys obtained a great verdict for their injured client in south Alabama. During that trial, the insurance company attorney argued that the personal injury victim could not be hurt because he waited 21 days to seek medical care. The argument:  A delay in getting medical care means you were not hurt!

The truth, short delays or gaps in medical care are common. They are very common. What are some reasons personal injury victims delay initial medical care? Here are seven common reasons:

  • A Dislike Of Medical Visits/Appointments. Who does like medical visits? Sitting in waiting rooms for hours. Endless forms. Doctors/nurses poking and prodding you. After an accident, you may be hurting. But, you are hopeful a few days or weeks of rest and you will be better. So, you wait and see. That’s normal. Yet, if you make a claim later, the insurance company will use your delay against you.
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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: