The following blog entry is written from a defendant’s position post-verdict. Reviewing this kind of briefing should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court.
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this car accident/bus accident case and its proceedings.)
Dr. Jones’s first report was written without benefit of review of medical records. In Dr. Jones’s second August 27, 2002 report, following his review of records, Dr. Jones notes plaintiff’s inconsistent and migrating symptoms as reported in records. He notes that records suggest multiple contusion type injuries during the accident. He also notes inconsistencies in the pain reported by plaintiff and plaintiff’s reported contact with the interior of the bus during the accident. For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
In Dr. Jones’s January 3, 2005, third and final report, following review of additional records, Dr. Jones notes that records reveal no anatomic basis for plaintiff’s back pain or leg pain. He further opines that Dr. Levine’s contrary opinions are unfounded and scientifically invalid. He notes that Dr. Cink agrees that plaintiff has no objective findings to support symptoms and states that Dr. Cink’s conclusions regarding disability are significantly weakened by the disproportionate symptoms and paucity or absence of objective findings. The disability rating that he opined seems excessive absent any identifiable objective findings.”
In concluding his final report, Dr. Jones states In conclusion, Julia Perry may have sustained sprain, strain, and contusion type injuries which healed in a timely manner, based upon reasonable medical probability.” Again, as noted above, and as stated by Dr. Jones at trial, his opinion that plaintiff may have had minor injuries is based solely on plaintiff’s report of the same immediately following the subject accident and is not based on any objective findings. (See Part 6 of 9.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.