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Why Your Medical Records Matter in Personal Injury Cases

Personal Injury , , , , ,

The subject has come up too many times in the past couple weeks where clients are disputing what is documented in their medical records that were written by their own treating physicians. I will admit, prior to becoming an attorney in South Carolina, I would trust what the doctor told me in the private setting of the examination room. As Lee Corso says, “Not so fast my friend.”

It does not matter if you are being assisted by Medshore EMS at the scene of a motor vehicle collision or talking to your long time AnMed Family Medicine physician, those medical providers are documenting everything you tell them. As a matter of fact, the Federal Government has mandated all records be made digitally so you can even read the physician’s handwriting. Well that wasn’t their main reason for doing it but it sure has helped in reading Dr. Wadee’s records.

You have the right to request your medical records and you should do that on a quarterly to annual basis depending upon your frequency in medical treatment. (No, the discharge or checkout paper you get does not count as a medical record that is important.) It will help you see what information is documented from your visit with medical providers and also help ensure that your medical concerns and complaints are actually being addressed. Let me provide a news flash when that may become relevant…IN A PERSONAL INJURYCASE! 

If you are involved in some kind of traumatic incident (workers’ compensation claim, car wreck, dog bite, slip & fall, product liability claim, nursing home negligence, or medical malpractice case) and claim the injuries you sustained from that incident are all because of that traumatic incident, you have to prove it to be reimbursed by the evil insurance companies. Your back may be hurting but if just the week before you were complaining of back pains, the question becomes how much more, if any, is your back hurting from the traumatic incident. Don’t come in telling me your life is changed forever for the worst because of this traumatic incident but have no medical documentation to prove that claim.

As an attorney, I can not tell the evil insurance company that your doctor told you it was all because of the traumatic incident. Shockingly, the evil empire would not believe me or you. However, the evil tryanny sometimes believes what is in the medical records. Not all the time but let’s not get caught up in the fact that the evil empire will have a 22 year old college, educated adjuster make medical diagnosis and decisions. We will save that subject for another article.

Today, your take away is this:

  • You are legally entitled to a copy of your medical records,regardless if you owe a balance to the medical provider. Now there may be a copying charge or retrieval fee but you are still entitled to those printed and detailed records, along with your itemized bills. Click here to print off this page, if the gate keeper at your medical facility doesn’t believe you.
  • Do you really know what your doctor has documented? What do you think your doctor will depend on as the truth a year from their visit with you if asked by a lawyer? That exact conversation or their medical records?
  • What is documented in your medical records will help your recovery from a traumatic incident or help the evil empire against your recovery. So, if you are experience back pain, emotional trauma, sleepless nights, relationship troubles, and so forth, I better read it in the medical records or it is not happening!

***When I Googled “evil insurance companies” there was a link with a discussion of whether insurance companies were evil or stupid.  Although it was about health care, the liability insurance carriers are designed the same way, maximize return to their shareholders while minimizing the payout of claims (YOUR CLAIM). I thought this was a very interesting response:

Doug Dingus, Everybody pays, everybody covered

622 Views

Insurance companies have a basic conflict with us in that their goal is to maximize for the shareholders, and that happens best when they deliver the least health care access for the most dollars.

So, the answer is by design, but said design is an artifact of our health care policy, meaning they are neither stupid or evil.

We can remedy this with regulation, or public primary care insurance, or competition, depending on how said competition is structured

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Tort Reform Results: Higher Insurance Profits, Lower Patient Safety Initiatives & Higher Med Mal Premiums for Doctors

Uncategorized , , , , , ,

A recent Forbes article written by Steve Cohen entitled, “On Tort Reform, It’s Time to Declare Victory and Withdraw“, debunks the myths set forth many years ago when the catchy phrased initiative first started. Given the many states that have passed those “reforms”, aka insurance company dream goals to make more money, quantitative information is available to actually measure results. Since many of you went along hook line and sinker, let’s see what you have done to yourselves. Drum roll please….

  • FALSE: ER doctors had a fear of malpractice lawsuits and thus ordered unnecessary care causing wasteful healthcare spending and costing us all. With tort reform in place, ER doctors have notstopped ordering unnecessary care and raising healthcare costs.

This Forbes article sites an investigating in The New England Journal of Medicine entitled, “The Effect of Malpractice Reform on Emergency Department Care” which determined:

BACKGROUND

Many believe that fear of malpractice lawsuits drives physicians to order otherwise unnecessary care and that legal reforms could reduce such wasteful spending. Emergency physicians practice in an information-poor, resource-rich environment that may lend itself to costly defensive practice. Three states, Texas (in 2003), Georgia (in 2005), and South Carolina (in 2005), enacted legislation that changed the malpractice standard for emergency care to gross negligence. We investigated whether these substantial reforms changed practice

RESULTS

For eight of the nine state–outcome combinations tested, no policy-attributable reduction in the intensity of care was detected. We found no reduction in the rates of CT or MRI utilization or hospital admission in any of the three reform states and no reduction in charges in Texas or South Carolina.

Mr. Cohen goes on to write that:

This latest study follows numerous others that deflated other tort reform myths: that making it harder for victims to file medical malpractice lawsuits would reduce the number of “frivolous” suits that “clog the courts;” that imposing caps on the damages victims could receive would reign in “out of control” juries that were awarding lottery-size sums to plaintiffs; and that malpractice insurance premiums would fall, thereby reversing a doctor shortage caused by specialists “fleeing the profession.”

None of these promised benefits became reality. That’s because the alleged problems were themselves non-existent. 

  • FALSE: Medical malpractice premiums will be lower for doctors with reform in place as insurance companies will pass along the savings. HAH! As a lawyerworking against insurance companies,we all knew this was a scam but it was still shocking how many people believed it.

 

While insurance premiums haven’t gone down, their price increases in tort reform states have gone up a little slower than in non-reform states – the lag is between 6% and 13%.  That hasn’t constrained the insurance industry from showing record profits.   Average returns for malpractice carriers hover around 15.6%, far better than the 12.5% for the property/casualty segment. And the malpractice insurers’ loss ratio – the percentage of claims to premiums — is a remarkably low 61.1%.

 

In 1999 the Institute of Medicine at the U.S. National Academy of Sciences published its seminal study,”To Err is Human”,  which concluded that between 44,000 and 98,000 patients are killed (and many more injured) in hospitals each year due to medical errors. That number – which is more than automobile and workplace accidents combined – doesn’t include deaths in doctors’ offices or clinics – such as the one where Joan Rivers recently died.  By 2011, a study in “HealthAffairs”  estimated the number of avoidable deaths was probably closer to one million.

It’s unfortunate that so many Americans were duped by the evil insurance companies but there is still hope for change. Remind your legislative representatives that these myths have been debunked and tort reform is never a good idea.

The judicial system is in place for a reason and that is to allow a jury of your peers to hear the facts and evidence presented by our rules and make the most informed decision.

Trammell & Mills Law Firm, LLC does not handle medical malpractice cases but we know several good law firms in the area that do, if you need assistance. However, we can not stand to see Americans constantly steam rolled by insurance propaganda. Start educating yourselves on the facts, not on the fluff and feel good.

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And Now You Do What They Told Ya…

Insurance , , , , , ,

“Why Did You Take That Case? It’s Not Worth Your Time!”

A question recently posed to me by an insurance defense attorney that thinks certain cases should be beneath legal assistance because there is no real margin for a positive financial return. It reminded me of the real reason I became a lawyer and constantly reminds me of the every day people that need lawyers not solely focused on the bottom line. I realize this is a hard task because we are still running a business that has to pay overhead expenses, support ourselves and our families, and pay those law school loans! On top of that in South Carolina you are “assigned” cases that you are going to be spending time and money on for free anyway, which could easily fill that small philanthropic,or charitable void, in your cynical, cold heart.

Rise up, my cynical counterparts and cohorts in the business of assisting those in need when the tyrannical insurance company rears its ugly head. We must unite and bring forth our swords swiftly to sever its head before it begins to breathe fire and destroy all that is pure and just in a world bombarded with:

  • low balling adjusters reading from a computer screen;
  • experienced insurance adjusters being pushed to retire for college graduates that can read;
  • denials based purely on money saving tactics;
  • Allstate Insurance Company practices focused on trying to squeeze out the desire for attorneys to help;
  • property damage claims (See: South Carolina Property Arbitration:Your Weapon Against Insurance Adjusters) ;
  • minor property damage claims; and
  • anything quasi legal that comes out of the mouth of an adjuster.

How about grab that bravado that made you a plaintiff’s attorney and start saying, “F&*^ You, I want do what you tell me!” You can make the time for half a dozen of those cases a year. I know you “Million Dollar Advocates” can spare some time to feel reinvigorated and you young associates that do research all day can feel like real trial lawyers by taking on a Magistrate Court case or Property Arbitration. By pushing back on what the dragon is trying to force feed us we can eventually slay the large reptile and save the townspeople.

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Lawyers Fight for America’s Founding Principles

Uncategorized , , , ,

GUEST POST by J. Calhoun Watson of Sowell Gray 

The Fourth of July is a good time to remember our nation’s dedication to the rule of law and to celebrate this principle that sets us apart from many other countries.

Two hundred thirty-eight years ago, the Declaration of Independence charged the king of England with depriving the colonists of their right to a trial by jury. Because America’s founders believed serving on a jury and testifying in court were essential responsibilities of being a citizen, they were willing to wage war to stand up for this right.

Throughout history, lawyers have fought to uphold the rule of law in our nation’s most defining moments: drafting the Declaration of Independence and the Constitution, crafting the Emancipation Proclamation and ending the Civil War, creating the New Deal to pull America out of the Great Depression and supporting the Civil Rights movement.

Still today, the rule of law is essential to our freedoms. The rule of law describes a system based on fair, publicized, easily understood and stable laws enforced by knowledgeable judges. Although Americans often take these rights and privileges for granted, we must always remember that our liberties, rights and way of life would be in great jeopardy without the rule of law. In many parts of the world, these rights are just a dream.

There always will be people who do not agree with a judge’s ruling and who criticize the lawyers who defend the accused. The fact is that under the American judicial system, anyone charged with a crime is innocent until proven guilty: It is the defense attorney’s job to ensure his or her client has a fair trial, the prosecutor’s responsibility to present evidence to the court on behalf of the state, and the judge’s responsibility to rule based on the facts presented. This system is the very cornerstone of our founders’ vision. As Americans, we should share the same passion and commitment today as our founders 238 years ago.

In some cases, the system our founders envisioned is not fully accessible. I am very proud that S.C. lawyers are dedicated to advancing justice and ensuring that the civil legal system is available to all our citizens. Many lawyers choose this profession because they believe in the American legal system and want to make a difference in the lives of those they represent. It is important that we stand up for everyone’s access to the privileges of our system.

Thanks to many lawyers serving as volunteers, the S.C. Bar offers programs to provide legal representation and advice to those who cannot easily access or afford it. We sponsor free legal clinics and Ask-A-Lawyer phone banks and web chats. We also help provide wills to first-response personnel and Habitat for Humanity homeowners; educate at-risk high school students on criminal law and the consequences of their choices; educate the public about adoption and foster care; and teach students about civic responsibility. For information, please visit scbar.org or call (803) 799-6653.

As we spend time this weekend with family and friends and give thanks for this beautiful nation, let us honor one of the defining principles of this nation’s founding — celebrating our legal rights, access to a fair and balanced justice system and the commitment of this state and nation to upholding the rule of law for all citizens.

Printed July 3, 2014 in “The State” as:

Watson: Lawyers fight for America’s founding principles

ABOUT THE AUTHOR:

Cal, a native of Bamberg, South Carolina, is a graduate of Wofford College and the University of South Carolina School of Law. He is also President of the South Carolina Bar and the former President of Historic Columbia.

E cwatson@sowellgray.com

P (803) 231-7839

F (803) 231-7889

 

Admissions

South Carolina Bar

U.S. District Court for the District of South Carolina

U.S. Court of Appeals for the Fourth Circuit

Education

Wofford College, B.A., summa cum laude, 1984

– Phi Beta Kappa

– President of the Student Body

University of South Carolina School of Law, J.D., cum laude, 1987

– Order of the Coif

– Order of Wig and Robe

– Student Works Editor of the South Carolina Law Review

– Legal Writing Instructor, 1986-1987

Associations

International Association of Defense Counsel (Technology Chair, 2010-2012), Business Litigation, Professional Liability, and Trial Tactics Committees and Social Media Task Force (Chair)

Richland County Bar Association

American Bar Association

John Belton O’Neall Inn of Court (President, 2010-2011)

South Carolina Defense Trial Attorneys’ Association

Defense Research Institute

Certified South Carolina Circuit Court Mediator

Judicial Clerkships

Honorable Robert F. Chapman, Judge, United States Court of Appeals for the Fourth Circuit

Offices

Fellow, American Bar Foundation

Fellow, Litigation Counsel of America

President, South Carolina Bar (2014-2015), President-Elect (2013-2014), Treasurer (2012-2013), Secretary (2011-2012)

President, John Belton O’Neall Inn of Court (2010-2011)

South Carolina Bar Board of Governors (1997-2000, 2009-present)

South Carolina Bar House of Delegates (1997-present)

Access to Justice Commission (2006-present)

President, South Carolina Bar Foundation (2006-2007)

Editorial Board of South Carolina Lawyer Magazine (2000-2007)

President, Young Lawyers Division of the South Carolina Bar (1997-1998)

Honors & Awards

Best Lawyers in America (Woodward/White, 2008-2014), Commercial Litigation

Best Lawyers in America (Woodward/White, 2008-2014), Professional Malpractice Law, Defendants

Best Lawyers in America (Woodward/White, 2010-2014),  Bet-the-Company Litigation

South Carolina “Super Lawyer” Business Litigation (2008-2014)

South Carolina “Super Lawyer” Professional Liability Defense (2010-2012)

Chambers U.S.A. America’s Leading Lawyers for Business (2009-2014)

Selected as a Top Rated Lawyer in Commercial Litigation by Litigation Special Report (2012)

Recipient, Innovative Leadership Award, Historic Columbia (2010)

Recipient, Compleat Lawyer Award Silver Medallion, USC Law School Alumni Association (2001)

Community Involvement

President, Historic Columbia Foundation (2007-2009)

President, Wofford College National Alumni Association (2000)

Wofford College Parents Advisory Council (2012-2013)

AC Flora PTSO (Co-President, 2011-2012)

 

 

 

Read more here: http://www.thestate.com/2014/07/03/3544531/watson-lawyers-fight-for-americas.html?sp=/99/168#storylink=cpy

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Don’t Listen to Insurance Adjusters or Friends When It Comes to Legal Advice

Insurance , , , ,

You have just been involved in a traumatic incident of some kind and now your world is turned upside down. You never planned on being:

  • injured;
  • unable to work;
  • permanently disfigured;
  • without an avenue for medical treatment;
  • no knowledge on how to get out of the hole someone, something, or some event has put you into; or
  • what steps to take to get back before your world stopped.

The next thing you do is communicate with family, friends, and/or co-workers. They know someone, read something, saw it on the Internet, watched “Judge Judy”,  or have a “friend” themselves that has been through the exact same thing and this is what you …….STOP THE MADNESS!

It’s great to have loved ones and I am sure they want nothing but the best for you but I don’t claim to know everything about everything. I hire real estate agents to move property and tax advisers (Patterson Tax Service) to do my taxes even though I have had Real Estate and Tax classes in law school (which means I know enough to be dangerous to myself, or absolutely nothing).

My common saying is, “You don’t listen to the devil on how to get to Heaven, so why listen to an insurance adjuster on how to settle a claim against them?”  They are going to lie, or mislead you. You don’t go to your opponent in the middle of the game and ask them how to beat them do you? NO! Stop listening to what an adjuster says about your claim. Talk to an attorney. You at least have recourse against an attorney if they give you incorrect legal advice. (You could have recourse against an adjuster but it is hard to prove).

Likewise, stop listening to your friends give you “arm chair” legal direction on your case. Go talk to a lawyer. It is free to consult with a lawyer on most civil cases and no fee is received by the lawyer unless a settlement is negotiated or trial verdict rendered. Tell me who else you know works 100% on performance pay? Defense attorneys and insurance adjusters work hourly or salary and may get some kind of bonus based on performance but I would imagine 75% of their income will come to them regardless of how well they perform.

I work 100% on performance and get close to 70% of my business from word of mouth based on clients, friends, family members, colleagues, and other professionals that are familiar with our firm’s performance. Seek out the help you need from the right professionals rather than receiving the wrong information. You may not hear what you like but at least it will be an honest, experienced, and informed response looking out for YOUR BEST INTEREST.

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