Medicare and PI Cases

In many of our auto accident cases and in some of our workers’ compensation cases Medicare pays a bill that is generated for medical treatment. It is usually an emergency room bill because the emergency room business office grabs the first card they can from the distressed and injured person, and many times that card is a Medicare card instead of a group insurance card or a workers’ compensation employer’s name and number. Medicare will pay the bill.

Total Disk Replacement

Just when you thought that the spinal fusion operation was going out of “style” comes a newer version that is called the total disc replacement. It is a total intervertebral body joint replacement. This unit is made of titanium metal, the type of metal that promotes bone growth. It is said to last fifty years, so it can be used at any time in a person’s injury, not just for a person who is at advanced age.

Statistics

In late 2018, the State Board of Workers’ Compensation published statistics for the entire year 2017, their last full year of numbers. What is most interesting to note is the amount of payments by employers and insurers and self-insurers for medical care. This number was greater than the payment of weekly workers’ compensation payments to the injured worker. Here is the breakdown: Payments to workers for lost time: $651,233,036.00 Payments to all medical treatments: $713,012,567.00 What does this tell us? To me it says that I should have set out on a different career path – medicine! All kidding...

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Instant Gratification

Many folks in the US today want instant gratification. They want to tap the cellphone and get news, sports, entertainment and weather in an instant. Click on Google and get your question answered instantly. Unfortunately, that is not how the law works. I wish I could tell you that “One Call Gets It All”, as some of the big TV advertisers suggest. This catchy phrase is so far from the truth that I think almost everyone now understands this. It takes multiple conversations with our clients, multiple documents to be completed and mailed out, filing for hearings, correspondence with other lawyers...

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Access to Physicians

There are many of time when a client comes to me in an automobile accident case and they are treated by a doctor who has not ordered any diagnostic testing. How on earth can one establish a diagnosis when the doctor will not take the time to order a CT scan, an MRI, EMG, or a nerve block or any other diagnostic testing? It just cannot be done. One of the rules that we have in our office is that we must make a determination as to what is the diagnosis of our client’s condition. Simply put, one cannot properly treat without...

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To Tell the Truth…Always

I got a call from a potential client who lives and works in Covington, Georgia. It is about an hour’s drive from Atlanta. She said she had a lawyer but fired him because he didn’t care about and didn’t spend any time on her case. This lady worked in a manufacturing company and made good money. She described a lifting and twisting incident that caused her immediate low back pain. I decided to go meet her because she said she had an MRI which showed a very serious disc herniation. She said she was not able to work and was not receiving...

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Client Communication

A very frustrated Hispanic client came to see me just recently. He signed a contract with a law firm in Atlanta but never met with the actual lawyer. He was represented by this law firm for about one month. He dealt with two different legal assistants and they were giving him conflicting legal advice. First of all, this is a violation of the State Bar of Georgia’s Code of Ethics, which states that only a lawyer can give legal advice and practice law.1 Additionally, attorneys are responsible for the actions of their non-lawyer assistants and must keep in mind that...

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Accident Scenes and Police Reports

Why do police take general reports? The most brutal answer is because no one will remember the details in two days, much less two years and they will argue it constantly: but it is also because society needs a third party who should be an impartial fact evaluator. “Should” is emphasized. We are assuming the officer/deputy has sufficient training to determine what evidence plays into the case.