Dumb Driver News: South Carolina Motorcyclist Hit Twice: At Fault Driver Calls Boyfriend Before 911

Recently, one of my clients had the misfortune of being in oncoming traffic while a young girl was talking on her cellphone with her boyfriend. The young girl veered into oncoming traffic and struck my client.

When she got out of the car to check on my client, he begged her to call 911 because he was in a great deal of pain (he was suffering from a broken hip-among other things). She screamed and jumped into the car which did not have the emergency brake on, causing it to roll back over my client in the road.  She jumped out and said, "Oh no!" She then used her cell phone to call her boyfriend to ask what to do. Either her boyfriend heard my client screaming in the background for medical help or he was smarter than his fifth grade educated girlfriend and told her to call the POLICE.

Eventually my client was able to get his cellphone from his pocket and call 911  and get much needed medical attention. After a  week in the local hospital his medical bills from the collision greatly exceeded the dumb girl's insurance coverage.

This is an excellent illustration for the need in having UIM, or underinsurance, coverage and PIP, or personal injury protection, coverage.  There are a lot of dumb drivers out there with minimal limits which in South Carolina is $25,000.00. You don't want to be on the receiving end of their ignorance and negligence.

Yes, this is a true story.

 

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Doctors, Patients, and Pain Medication: The Perfect Cure for All that Ails

Insurance companies and defense attorneys frequently question injury claimants on their specific degree of pain and suffering. Knowing this is a subjective element of damages the big corporations and their hired guns move next to the medical providers to seek better clarity. Inevitably there is the case where the doctor did not believe the patient was truly in pain but subsequently prescribed pain medicine. Why on Earth would a medical provider be at such odds with themselves? It must be because he fears legal repercussions and higher insurance premiums, right? Or is it because he is paid more, or even paid by the pharmaceutical company?

Two articles caught my attention over the past few days:

  1. "Diagnosing a Patient as a Faker" by Melinda Beck of the WSJ- reporting on several issues in medicine and not totally in line with her eye catching headline. However, she cites the Archives of Internal Medicine, 2011 indicating: a) Prescriptions rose nearly 50% from 2000-2009, b) Abuse of opioid pain relievers is the second leading cause of accidental death in the U.S., after car crashes, and c) 15%-20% of doctor visits in the U.S. involve an opioid prescription; and
  2. "Doctors Already Know Secret to Better Health Care" by Walter Ezell in The Greenville News-illustrating the need for more in depth time between patients and doctors, not just quick visits, drugs, and positive reinforcement for negative health habits. To quote Ezell's article: 

Only medical doctors can prescribe prescription medicine or perform surgery. This isn’t necessarily because surgery and drugs are the most important contributors to human health, but because in the wrong hands, they are dangerous.

Here is the paradox. Because doctors have a monopoly on drugging and invasive procedures, and spent a lot of money to join the guild, they get paid more for those practices and need to get paid well. There is an economic incentive to do more drugging and surgery, with little incentive to give patients the time, empathy and wisdom that are critical to achieving optimum health.

Doctors who want to address the whole person (and there are many) are swimming against the tide of their own economic interest. Unless they are working in an academic medical center, or already involved in an alternative practice, they may not have time to lavish the needed attention that each patient deserves.

We could all use more in depth time with our doctors in explaining all that ails us. The doctors may prefer more one on one time but being mandated by corporate interests within the hospital administration and/or through pure bottom line views of paying overhead, can't manage this need.

Patients are certainly to blame in going into the doctor's office and not being as detailed as possible in explaining mechanisms of injury or symptoms. Of course, some patients probably take advantage of this being their only human interaction outside their normal day and talk about unrelated issues.

The bottom line is that only doctors can prescribe pain medications and only patients can control their adherence to healthy habits. Unfortunately there is too much subjective gray area in between and too many entities vying for a piece of that control.


Medical Treatment Options for Injury and Accident Victims

You've been injured through no fault of your own and need medical treatment. What do you do when somebody else is responsible for your injuries but their insurance company will not pay up front for your medical care? Instead they will offer you payment all in one lump sum upon you reaching maximum medical improvement.  How do you get from where you are to where you need to be?

  1. Don't sign anything from the at fault party's insurance company or do a recorded statement until you are in a the right state of mind to do so.  That does not mean in the hospital bed with a morphine drip hours after the traumatic incident. Regardless of what the insurance adjuster says, it can wait and it will not expedite anything. It could only complicate things. (It's never a good idea to sign anything from an insurance company without at least talking to an attorney-most times without any costs to you);
  2. Seek treatment from an emergency room or minor care facility where there is no appointment or prior consultation necessary.  Only you can judge the need for emergent medical care based on your injuries and pain level, no one else;
  3. If you have health insurance, Medicare, and/or Medicaid file all medical care you seek with those providers. Yes, someone else caused your injuries. Yes, you will have to reimburse them for expenses paid. HOWEVER, those expenses will be less than had you not filed through the benefits mentioned above because of the reduced, contracted rates they have with medical providers. (Darren Tobin wrote a great article on this reimbursement process, known as subrogation, entitled "Understanding Subrogation-Why You May Not Be Keeping It All".);
  4. If you have no means of health insurance you can still be seen at the emergent facilities in your area or free clinics. Make sure you have a copy of the form filled out by the trooper if you were injured in an automobile accident. If from other negligence, be sure to indicate to the doctor how you ended up being injured and in need of medical care. Details are important, both in the doctor's understanding to provide efficient & effective care and in determining the proximate cause of your injuries;
  5. If you have a primary care physician you have previously visited and sought care from make an appointment with them and explain how you ended up being injured and be detailed with your specific complaints;
  6. If you are a doctor, nurse, and/or otherwise medically trained & educated do not seek gratis, undocumented care because you know what your injuries are or what to do to make them better without anyone but you knowing. That is the worse thing you could do. As a well known Greenville attorney told me, "Insurance companies are like the Russians during the Cold War...."  What does that mean? Don't confuse them. By not having documentation from a third party about your injuries, it confuses them. They don't know how to value that so they don't; and
  7. If you are hard headed or adverse to medical treatment, okay. Just don't expect the insurance company to put a value on your "pain and suffering" sitting at home without anyone knowing what you have endured but your loved ones. If it is not documented, you are not injured in the mind of the insurance company. If you wait weeks after the incident that injured you, insurance companies call that a "gap in treatment".  Essentially giving them more reason to low ball you or make excuses on how you were injured other than reality.

I know you don't know what to do. I realize you think the insurance company will take care of you because you didn't ask to be put in this situation. Plus, it was the person, company, and/or entity they insure that put you in this condition.  I understand you have values and morals where you would treat others as you would want to be treated.

However, my job is not to help you strengthen misplaced beliefs in how the world SHOULD work. My goals and objectives with every client interaction are three part:

  • Educate you on the law, specific to your situation;
  • Help you get compensated for what you have had to endure at no fault of your own; and
  • Make sure you are satisfied with our attorney/client relationship so you brag about me to your friends, family, and others you know that may need me to fight the faceless insurance companies on their behalf.

 

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