Dr and TBI

How you communicate with your doctor will often determine the quality of care you recieve and that your legal rights are protected. Here is a practical guide from Michael Kaplen a lawyer at BrainLaw. For other survival skills to help you through a doctor’s appointment this post is good reading

1. When you schedule your first appointment, tell your doctor that you will require extra time. Tell him that you need at least an additional 20 minutes (or more if you need it) for your appointment. The challenge here is to not feel rushed, as when you are stressed your cognition erodes.
2. If distractions bother you, arrange with the doctor’s office (when you make the appointment) for a quiet place to wait, such as a quiet exam room. If this is not possible, ask for somebody to come and get you in the foyer or your car.
3. Get to your appointment at least 15 minutes ahead of time, so you can collect your thoughts, become settled and unwind from the drive.
4. Write down everything you want to tell or ask your doctor. Cross each item off the list after you have covered it. Write down instructions that your doctor gives. Recap at the end of each issue, to make sure you understand.
5. Ask your doctor to write down your diagnosis. Ask for a written explanation in layman’s language. Ask for a written description of the preferred treatment and goals, with an estimate of the costs and the expected time frame.
6. Trust your instincts. If you don’t think that a diagnosis is valid, or if you think it minimizes your problems, remember this: YOU ARE PROBABLY RIGHT. Remember, you are the “expert” about you.
7. Always ask your doctor about the contraindications when he prescribes new medications. Additionally, have the doctor provide you with a written list. Take charge of knowing everything about the drugs you take.
8. Ask your doctor to make a notation in your file stating that you should receive a copy of all reports and tests as soon as they are received by the office.
9. Never sign a blank release form. Make sure all authorization forms are completely filled out. Read what you’re signing. Make sure the release has ONLY the names on it that YOU want. Get a copy of each and every release form/letter you sign.

According to a report released back in 1993, the total costs for motor vehicle accidents in the US were $333 billion in 1988. WHO states “On average in the industrialized countries, and also in many developing countries, one hospital bed in ten is occupied by an accident victim.”

 Traffic accidents are a major cause of severe injuries in most countries. Studies involving live humans have demonstrate that a motor vehicle accident of as little as 5 mph can induce cervical (neck) injury. However, other studies show cars can often withstand crashes of 10 mph or more without sustaining damage. Explanation? A vehicle is solid a human is not. A good comparison would be to drop an apple and a metal toy car from a flight of stairs. Will the metal car have bruises or go bad because of this experience?

Many studies have found a significant number of individuals to be symptomatic for many months and even years after a motor vehicle accident. In one such study, 75 percent of individuals remained symptomatic 6 months after the accident. If you have pain after 3 months there is a 78% chance of still having pain after two years. Another study shows when disabling levels of pain are still present after one month there is an almost 100% chance this pain will be present at six months. Another study, published in the European Spine Journal, found that during the period of time between the first and second years following a motor vehicle accident over 20 percent of individuals had  symptoms worsen.

In parts of Canada, individuals who could suffer a life time of pain with whiplash grade two are allowed less than 3000 dollars to cover the costs of the injury over a lifetime! Is this justice?

According to the National Safety Council (NSA), there are more than 12 million motor vehicle accidents annually including more than 20 million vehicles. This results in over 5 million non fatal accidents annually of which approximately 2 million are disabling injuries including approximately 1 million work-related auto disabling injuries. A 1990 National Highway Traffic Safety Administration (NHTSA) study reported  28 percent of occupants in motor vehicle accidents incur minor to moderate injury while 6 percent incur severe to fatal injuries. Vehicle crashes are the leading cause of death for individuals under 34 years of age according to NHSA Forensic Epidemiologist states in an interview with Anderson Cooper ” You’re eventually being judged by what your car looks like, not by what your doctor says. Or by what the impact of a particular crash has had or an injury has had on your life. That’s not fair. It’s not right. It’s fraud “(cited in Anderson 360 click here and scroll to insurance surprises)

The US Department of Transportation estimates that the typical driver will have a near automobile accident one to two times per month and all will be in a collision of some type on average of every 6 years.

Industry insiders say 80 to 90 percent of accident victims don’t fight. They take what the insurance company offers. A

In an 18-month investigation across the country, CNN found that if you are injured in a minor accident, chances are high the two companies would challenge your medical claim, offering you barely a fraction of your expenses.  They would do it by forcing people into court, dragging out court cases for years and by convincing the public it was all designed to fight growing fraud in the car accident business. The three Ds Delay, Deny, Defend are the fingers pointing back to insurance company rhetoric.

According to Nevada Insurance Law Professor, Jeff Stempel, the new get tough strategy is adding up to billions in profit for the insurance companies and little, if anything, for the public. We can see that policyholders individually are getting hurt by being dragged into court on fender bender claims. And yet we don’t see collateral benefit in the form of reduced premiums, even for the other policyholders. So, I think now we can say to continue this kind of program is, in my view, institutionalized bad faith.

For an interesting look at what both sides are saying click here  and scroll quite a ways down. Here is an  older but still informative picture of international safety and fatality statistics

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