Q: During my case, will I have to be examined by a doctor for the defense?
A: In almost every type of injury case the answer is yes.
When you put your medical condition in issue, and you claim you were injured because of another’s wrongdoing, the defense has a right to have you examined by a doctor of their choosing. This allegedly (at least in theory) allows them to evaluate your current medical condition to see for themselves whether you are truly as disabled as you claim to be.
The reality is that there are many doctors who are routinely used by various insurance companies to perform “Independent medical exams.” This term is really a farce, since there is nothing “Independent” about this exam. The defense insurance company selects this doctor. They send him your records. They pay his fee for the exam. In some cases, the referrals to doctors for these types of exams will make up the bulk of a doctor’s practice. In that instance don’t you think that the doctor is more likely to MINIMIZE your injuries, and make the defendant’s position better, so as to encourage the insurance company to keep sending patients to the doctor to examine?
If the doctor gave an unbiased, totally objective medical opinion in every instance, I am pretty sure that many of the monetary offers by insurance companies would be much fairer and higher than they currently are. Remember, insurance companies are in business to MAKE MONEY. Not to give it away. Also, these doctors who are doing these exams see the patient only one time; and not for treatment. They don’t have the benefit of seeing the patient many times, over a period of weeks, months or even years. There is no real relationship that develops during this solitary exam. How can a physician realistically evaluate someone’s medical condition without the benefit of seeing and evaluating them over time?
Gerry Oginski is an experienced medical malpractice and personal injury trial attorney and practices exclusively in the State of New York. He has tirelessly represented injured victims in all types of medical malpractice and injury cases in the last 19 years. As a solo practitioner he is able to devote 100% of his time to each individual client. A client is never a file number in his office.
Take a look at Gerry’s website http://www.oginski-law.com and read his free special reports on malpractice and accident law. Read actual testimony of real doctors in medical malpractice cases. Learn answers to your legal questions. We have over 200 FAQs to the most interesting legal questions. Read about his success stories. Read the latest injury and malpractice news. I guarantee there’s something for you. http://www.oginski-law.com 516-487-8207
Also, take a look at Gerry’s FREE NY Medical Malpractice video tutorials at http://medicalmalpracticetutorial.blogspot.com
Filed under Health Insurance by on Jun 2nd, 2010. Comment. 
Is there a way to get around the 30 day hold law, in California, on driving with a suspended?
I got pulled over. I asked the officer why and he answered nothing personal….. Anyways, I called the sheriff’s department and the tow yard and they both said there is a 30 day hold law. Which would make my total owed to the tow yard $1,420, which might be worth more than my car. I called and left a message for the Tow Hearing Officer, is there any specific things I should tell him? I am not sure why my license was suspended. My insurance lapsed because I am waiting for my disability. I had already paid my registration fees, I just need to get insurance and smogged. Catch 22, I can’t get it smogged or get insurance while the car is in the tow yard. Any suggestions on what to do or what might be a loop hole?
Consult with an attorney. Most if not all attorney’s will provide you with a free consultation (free advice). This would be your best bet. I don’t know CA laws so beyond that I can not be any more helpful. Obviously this other person that posted doesn’t know anything about CA laws and just has too much time on his/her hands to do anything other then be a snob. Good luck!
Filed under auto insurance price quote by on Jun 2nd, 2010. Comment.
Does anyone know how our company can accept medicare and LTC insurance from in home care clients?
we are a start-up non medical inhome care agency accepting private pay only. we are encountering a lot of medicare part A and B clients and was wondering how can we accept Medicare payments.
For Medicare you will need to contact Medicare to get contracted and approved by them. They will only pay out to an approved agency. Also, they will only pay out for Medicare approved procedures. Be aware that Medicare generally only approves medically necessary intermittent skilled nursing care, home health aide services, and rehab services.
Medicare doesn’t pay for any long term care, in home or out. Your client will need to put in a claim to their long term care insurance company for payment.
Medicaid does pay for in-home long term care in some states. You’ll also want to contact your state Medicaid department to see if they do in your state and how to get approved with them.
Filed under Home Insurance by on May 30th, 2010. Comment.