Personal Injury Lawyer Blog
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this car accident/personal injury 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 a personal injury case present such issues to the court.
Plaintiff alleges that as a result of the automobile accident, he also suffered lingering pains that consisted mostly of: headaches, neck aches, back and low-back pain, a knee that seems to dislocate or give-way, ankle pain and cramping of his feet. Plaintiff’s current residuals are alleged to be primarily his feet/toes, neck and low-back. Plaintiff alleges that his current residuals are, essentially, (a) pain and stiffness at the three fracture sites and painful ambulation, (b) crepitus in plaintiff’s neck, a crackling not associated with pain and (c) mild recurrent low-back pain. Plaintiff also fears the onset of arthritis as a result of his injuries.
Plaintiff’s Treatments
After discharge from the ER, plaintiff’s next medical visit was seven months later, when plaintiff was first examined by his doctor, Dr. Kyle X., a generalist, on May 22, 2007, seven months post-accident. The given reason for the examination, as Dr. Kyle X. testified at his deposition, is that plaintiff’s chief complaint was pain to the right groin, which is what brought plaintiff to Dr. Kyle X.. The examination was not, according to Dr. Kyle X., because of the accident. Dr. Kyle X. was told about the accident, but did not consider that he was treating plaintiff as a result thereof. Dr. Kyle X. prescribed physical therapy, lab tests and a return to his office. Dr. Kyle X.’s records reflect that his final determination was Impression: Well CPE (i.e., that plaintiff was found to be well after a Comprehensive Physical Examination ). Plaintiff did voice complaints about low-back and abdominal pains and Dr. Kyle X., therefore, told plaintiff to see a neurologist, a Dr. Stan Y.. Plaintiff did not do so, plaintiff did see a different neurologist, Dr. Alice W., but not until April 11, 2008, about 16 months post-accident.
As can be seen from plaintiff’s medical records, none of his doctors (save a gastroenterologist, Dr. Allan Z.), actually treated plaintiff as opposed to merely examining him and recommending either PT or imaging. No other doctor prescribed medication, no doctor restricted plaintiff’s activities in any manner, no doctor took plaintiff off work or sent him to bed for rest or took any other medical or physical measure. As can also be seen, plaintiff ignored the advice from each of his doctors. Dr. Kyle X. and Dr. Sandy V. testified at deposition that plaintiff’s results might well have been different if he had followed their instructions. (See Part 5 of 7.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.