(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.
On November 5, 2007, plaintiff returned to Dr. Wong. She reported she was doing yoga and stretches and had a personal trainer. She had stopped chiropractic treatment. She had never tried Pilates. She reported her symptoms would increase with stress. Exam revealed her scoliosis. She was tender to palpation in the lumbosacral area. Assessment was chronic low back pain with scoliosis and mild degenerative disc disease. She was advised to decrease stress. Core exercises were given.
On January 17, 2008, she was seen by Dr. Wong. She reported she still had back pain. She apparently was not doing chiropractic. She had done back exercises for a time. Assessment was lumbosacral strain/low back pain which was chronic.
Given the nature and the impact involved in this collision and also given the absolute lack of any medical treatment between February 9, 2005 and June 8, 2005, defendants contend that the only reasonable medical treatment related to this very minor auto accident would be the following:
Provider Dates Billed Paid
Doctors Valley Medical Group 2/9/06 1 treatment $ 95.00
The defendants, without conceding in any way that any of this medical treatment would be somehow related to this accident, believes the plaintiff has incurred the following additional medical treatment costs:
Provider Dates Billed Paid
Doctors Valley Medical Group 6/8/06-1/16/08; 8 tx $ 610.58 $ 440.45
NeuroActivity Physical Therapy 6/14/06-9/15/06; 5 tx $ 596.00 $ 596.00
John Colman, D.C. 10/23/06-2/22/08; 62 tx $ 7,506.00 $ 3,686.00
Valleycare Health System, lumbar MRI 9/25/07 $ 2,892.50 $ 882.79
California Spine Institute/Dr. White 10/11/07 $ 608.48 $ 305.27
TOTAL $ 12,213.56 $ 5,910.51 (See Part 6 of 6.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.