(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this auto accident case and its proceedings.)
The following blog entry is written from a defendant’s position as trial approaches. 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.
The Injury Claim
Plaintiff testified that her neck and mid-back began hurting the day after the automobile accident. Plaintiff initially sought treatment from her regular medical facility, the Doctors Medical Group, 2 days post-accident on February 9, 2005. She was seen by Sun Bhandiopathi, M.D. She reported that she had been rear-ended in a parking lot 2 days ago. She was having neck pain and back pain. Her pain was a 5 out of 10. Her cervical spine had tenderness and spasm and her lumbar spine had tenderness and some spasm with limited range of motion. Assessment was cervical and lumbar strain, mild, due to motor vehicle accident and she was prescribed Flexeril and she was advised to recheck back in one week.
Plaintiff then did not seek any other additional medical treatment for any alleged complaints from the accident until June 8, 2005, some 4 months post accident, when she saw Bobbi Chen, M.D. at the Doctors Valley Medical Group. She reported this was for followup of the motor vehicle accident of February 2005 and plaintiff reported she still had back pain. Plaintiff reported she was driving her car over a speed bump using a stick shift and she had slowed down and got rear-ended by a truck. She was wearing her seatbelt.
She had not taken her medications because she did not want to be sleepy. Her pain was a 7 out of 10 to her mid back and low back. She was a sales person and was going back to school that week. Examination of her back revealed mild scoliosis with tender to palpation paraspinous muscles of the mid and low back. Straight leg raising test was negative. Assessment was motor vehicle accident resulting in back strain and that she also had mild scoliosis. She was to take over the counter Advil and get 8 physical therapy treatments and then she was to recheck after a month after she completed the physical therapy.) (See Part 3 of 6.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.