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-   -   My stream of conciousness... (https://www.neurotalk.org/thoracic-outlet-syndrome/21598-stream-conciousness.html)

tshadow 06-11-2007 01:45 PM

My stream of conciousness...
 
People have noted that I've been on the board lately - probably because I had a string of good days. I'm sure the TOS high, high pain (otherwise known as the suicide pain to me) will be back and I'll go back to my bed, praying for relief...

But I was thinking back to my days at the work comp field...(I also had ten years in non-work comp, which was very different.)

Anyways, I had two cases where the applicants actually had ovarian cancer and not a work back strain. During depositions, even though I'm not a doctor, they had never been to an ob/gyn (they both were from out-of-US) and they both had severe, chronic bleeding, which all indicated a need to see an ob/gyn. Thus came up the ovarian cancer.

Another case was where a very young wife / mother claimed headaches and backaches, but during depo it came out that she knew she had a terminal brain tumor and her husband had forced to her to take a "hamburger" job and file a claim.

In all three of these claims, although my client was not responsible for a non-work (brand new worker in these cases also) claim, to avoid a legal battle to prove it, (because there can be a legal issue that a stressful job can accelerate a cancer, etc., too much to go into here), I got the client to give these people a very large settlement claim out of a human interest value. In each, the contact people I had at the corporations were all very sad about these cases, and two of these I dealt direct with the "hamburger" co., and one was an insurance co.!

This is one reason I think that the applicant attorneys never saw me as an enemy in my practice, but knew if they brought a claim that went across my desk, I'd be on it and personally get it into action / settlement or medical care, unlike the cases we hear about here with TOS. But I never had a TOS case!!! Out of thousands and thousands.

The problem I saw on both sides of the fence was that the attorneys had too many files, didn't personally investigate the files, and the files were just taken in by non-attorneys according to whatever the patient / applicant said, not considering if they were getting all the care they needed.

Then, if they were sent to an industrial "mill" (again by BOTH sides!?) the docs relied on their staff, and people with a "back strain" were just pushed along, where they could've had a myriad of MORE SERIOUS health problems, but no one cared.

Well, I did. And that's where my depositions came in, and if I saw something that appeared to need another doctor, or a better doctor, I would take action because it was the right thing to do for a bunch of reasons.

I remember a girl who looked like my oldest daughter had gotten a burn on her arm and also a man who had a thumb surgery - both outcomes were HORRIBLE scars that I KNEW could be fixed and not be so outrageously bad. (Malpractice aside, perhaps both would've need multi-surgeries?) Anyways, again, I got on the phone, found the best docs in Bev Hills for the injury, and sent these people to them. Their attorney didn't. Their attorney could've cared less...so there is definitely a range of good to outright bad attorneys. And docs.

But we need 'em both sometimes, so we've got to be really careful to choose, and leave them if they let us down. Don't stick to one expecting a different result, if they've screwed up once already. If you are lucky enough to actually see the attorney or doc screw up, get outta there.

I really miss ALL of the people I knew in those hallways and courtrooms. 14 years of experience down the drain...School...all of the cost of it I paid. Oh well. Keep an eye on today.


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