is it hard to prove a death was accidential if there was no

[jusclaandus]

What is the name of your state? my state is maryland

i was wondering when my mom died from a brain injury she had ad&d insurance her brain injury is one only caused by a tumor or some type of blow to the head that causes the brain to shift

we believe she slipped and fell in our down stairs bathroom and hit her head on the toilet (since she was found in water and the toilet sit was broken) she also had the signs of brain injury clear stuff coming from the nose and ears

she was in a coma and died with in 24 hours

my mom had no type of tumors to my knowledge and she also had a regular care doctor and to my knowledge her doctor never told her she had one if she did have one it would be in her medical records right ? now when i filed her claim after she died of course they denied it but i'm wondering if i get her medical records and they say she had a clean bill of heatlh (no tumors) does that mean the insurance company has to approve the claim?

since there only 2 reasons for her type of injury and her doctors saying she never had tumor her brain injury copuld only have come from hitting her head
is this to far fetched ?

i did'nt get her looked at by the medical examiner because it was'nt what she wanted but her cause of death is listed on her death certi.

any ideas?

 

[jusclaandus]

bump bump

any takers on my question from 2 years ago lol

 

[Zigner]

It's amazing the OP came back on this
What did your lawyer say?

 

[nextwife]

So sorry about your mother.

Presumably the medical examiner did a complete examination of the brain? Your attorney should be requesting the medical examiner's report.

The absence of a previous diagnosis of a tumor does not PRECLUDE it as a potential cause of the fall. A brain tumor can remain undiagnosed until the party has a seizure or some other symptom that causes further medical testing. I personally know someone who had no idea they had a brain tumor until they experienced a Grand Mal seizure. That is why you need to have the medical examiner's report to disprove the insurer's contention that there was a tumor that caused the incident.

 

[jusclaandus]

she never had a autopsy she was always against it

so i guess that means there is no way for me to prove it was a slip and fall

 

[nextwife]

What is the name of your state? my state is maryland

i was wondering when my mom died from a brain injury she had ad&d insurance her brain injury is one only caused by a tumor or some type of blow to the head that causes the brain to shift

we believe she slipped and fell in our down stairs bathroom and hit her head on the toilet (since she was found in water and the toilet sit was broken) she also had the signs of brain injury clear stuff coming from the nose and ears

she was in a coma and died with in 24 hours

Considering the circumstances, I'm amazed that they did not REQUIRE an autopsy.

If she had head trauma, surely the hospital did x rays of her skull?

Also, READ the AD&D policy, or have your attorney do so, to clarify their definition of excluded coverage matters.

 

[Dandy Don]

What reason did the insurance company give for denying the claim?

What is the cause of death as shown on the death certificate?

What is the name of the insurance company and how much was the policy worth?

When you filed your claim did you mention anything in there about the circumstances of how she was found--did you mention it could have been a slip and fall?

You should have consulted an attorney immediately after the denial, but hopefully it is not too late to do so now. It seems like you have a case and it also looks like the insurance company is trying to weasel out of paying a justifiable claim.

DANDY DON IN OKLAHOMA ([email protected])

 

[jusclaandus]

What reason did the insurance company give for denying the claim?**************... if i remember correctly the reason was because of the death certi cause of death

What is the cause of death as shown on the death certificate? those cause where (and this is what is on the certi.brain herniation syndrome**************.....4 hours
intracerebral hemorrhage ******************************************..24 hours the manner of death is natural

What is the name of the insurance company and how much was the policy worth? i really can't remeber the name i believe it was CNA and the amount was $ 50,000

When you filed your claim did you mention anything in there about the circumstances of how she was found--did you mention it could have been a slip and fall? i typed up everything that happened and gave it to them with her death certi

You should have consulted an attorney immediately after the denial, but hopefully it is not too late to do so now. It seems like you have a case and it also looks like the insurance company is trying to weasel out of paying a justifiable claim.

I did consult a lawyer but the frim does wrongful death slipand fall not insurance i talked to them after te claim was denied


personally i think she fell in the downstairs bath room hit her head on the toilet and it all began (she was heard moving around when my S/O got in by the clear liquid coming from her mouth and stuff pointed to this and the
DANDY DON IN OKLAHOMA ([email protected])

this is what brain hernaition means and this is listed first
A brain herniation is the displacement of brain tissue, cerebrospinal fluid, and blood vessels outside the compartments in the head that they normally occupy. A herniation can occur through a natural opening at the base of the skull (called the foramen occipitalis) or through surgical openings created by a craniotomy procedure.

Herniation can also occur between compartments inside the skull, such as those separated by a rigid membrane called the "tentorium".




and this is what intracerebral hemorrhage means this is listed second on the death certi
An intracerebral hemorrhage is bleeding in the brain caused by the rupture of a blood vessel within the head
Internal bleeding can occur in any part of the brain. Blood may accumulate in the brain tissues itself, or in the space between the brain and the membranes covering it. The bleeding may be isolated to part of one hemisphere (lobar intracerebral hemorrhage) or it may occur in other brain structures, such as the thalamus, basal ganglia, pons, or cerebellum (deep intracerebral hemorrhage).

An intracerebral hemorrhage can be caused by a traumatic brain injury or abnormalities of the blood vessels (aneurysm or angioma). When it is not caused by one of these conditions, it is most commonly associated with high blood pressure (hypertensive intracerebral hemorrhage). In some cases, no cause can be found.

Blood irritates the brain tissues, causing swelling (cerebral edema). It can collect into a mass called a hematoma. Either swelling or a hematoma will increase pressure on brain tissues and can rapidly destroy them.

Symptoms vary depending on the location of the bleed and the amount of brain tissue affected. The symptoms usually develop suddenly, without warning, often during activity. They may occasionally develop in a stepwise, episodic manner or they may get progressively worse.

the location of the blood was only on 1 side


tell me what you think of the causes

thanks

 

[jusclaandus]

Considering the circumstances, I'm amazed that they did not REQUIRE an autopsy. nope they did not require one i'm still upset that they did nothing for her at all while she was there but do brain tests they did not try to remove the blood or any thing they did'nt even move her out of her room to do more advance tests they said if she was unhooked from her machine she might die before getting to the room where the test could be done

If she had head trauma, surely the hospital did x rays of her skull?
I believe they did a mri or cat scan
Also, READ the AD&D policy, or have your attorney do so, to clarify their definition of excluded coverage matters. (i don't have the policy anymore

****************************

IT all just seems fishy to me she was taken to 1 hospital looked at there for about 6 hours which to me was to long taken to another hospital and her machine turned off before dawn saying there was nothing to be done

 

[Dandy Don]

What did the law firm you talked to tell you? You need to be getting a second opinion from at least 2 other firms that handle wrongful death lawsuits or personal injury law.

 

[jusclaandus]

they said they could not handle my case that there med team could not
what did they use to come to this conclusion i don't no but it did not take long for them to do it
meaning i don't even think they looked at her medical records but i could be wrong