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HELP! GETTING THE SHAFT FROM INS. CO.FROM CAR ACCIDENT

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M

mustang

Guest
i was in an auto accident in june 98. my symtoms are back pain, right leg pain after 15 min of walking and left leg pain after about 20 min. i have headaches that are controlled with the pain meds i am on. and i have a left shoulder that only hurts now with repetitive movements. they were paying benefits until oct when ins. doc said i had ddd and not suffering from the accident. the night of the accident they did xrays on my back and said i had moderately advanced disc space narrowing. in aug. of 98 had a ct that showed a central disc herniation with compression on the dural sac. had a emg which came back normal. oct. 98 xray showed severe narrowing with osteophyte formation.finally saw my surgeon in feb99. he did another ct which showed the disc herniation and total collapse of the disc space with irregular osteophytes and nerve root involvement. tried to do a discogram but space to small for the needle...the thickness of a dime. he said the reason for the negative emg is that i was laying down and therefore not haveing compression like i do when i walk. he recommended fusion surgery and laminectomy on the l5-s1 the collapsed disc. he said everyone has ddd from the time they are 20, but that the accident aggravated symtoms. in feb2000 went to a defence doc. he said that while chronologically the same time as accident there was not a casual realationship. that he found no objective evidence on exam or in records.what are the ct's? he said that the fact i was on morphine for 2 years should not be used as a desiding factor for pain. that i was not a good surgical canadate as i displayed pain focused behavior...who wouldnt after 2 years? he could not understand why my surgeon would do surgery as the discogram was unsuccessful. he said my word should not be taken at face value. the report was dated the day i went to surgery. while in surgery my doctor did a double fusion instead of a single as the level above that had the mild bulge was bad.not only do i have the symtoms described above, i now have an 8 inch scar and metal in my back. i also have a numb spot to the left of the spine and have mobility issues.the pain level has gone done some from the surgery, but the level is up to an 8 with about 20 min. of walking. how do i fight this??? they have 3 defence docs saying that there is basically nothing wrong that it is pre-existing. i had no symtoms prior to the accident and i am 37 years old and feel my life is ruined. i live in canada, but i know case law from the united states is admissable here...so any advise on how to start fighting i would appreciate it as i should be concerned about healing as i am only 10 weeks post op and not playing games with these doctors and ins. companies that do not tell the truth.
 


L

lawrat

Guest
I am a law school graduate currently awaiting Bar results. What I offer is mere information, not to be construed as forming an attorney-client relationship.


I think that you DO need to concentrate on healing and let an attorney take this over. There is both medical malpractie, insurance bad faith and malpractice and potential conspiracy going on. Find a med mal atty at attorneypages.com, also someone who is experienced with this type of claim. Contact the American Bar Association and ask them, I am sure they can refer you and guide you in the proper direction.

Hope this helps. Get well.
 
M

mustang

Guest
thanks for the reply....was wondering though,what do you mean by possible conspiracy? and malpractice on who's part the ins co doctors? thanks again...this is all new to me. you mention bad faith insurance, is that like not returning phone calls and not sending payment within the 14 days under the legislation? is there a web site i can go to and get examples of these things you mentioned? i hope you have a great day and i think you do a wonderful thing by helping us who dont understand the law.
 

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