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Thoracic Outlet Syndrome Thoracic Outlet Syndrome/Brachial Plexopathy. In Memory Of DeAnne Marie. |
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02-03-2008, 06:48 AM | #21 | ||
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In Remembrance
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Can you get a second opinion and say that you feel you are being railroaded to closing your case without the correct diagnosis? I am not a practicing attorney anymore, but I vaguely remember that you would want to plan and execute this BEFORE you are made MMI (or P&Sd in CA.) Reason? MMI says that you're through. They've done all they can, and except for regular maintenance so to speak, this is your level and this is what can be expected. Well, if they haven't even got the diagnosis correct, then how can any of that be true? So, can your attorney get you switched from that doctor you have, (or use him if he's malleable), to say, (and this is in your primary doctor's report by the way) "A brief short story about you and your injury. What the doc's testings have shown him. Then, we do not have doctors with the requisite level of expertise in TOS diagnostics in this area. I have questions lingering on f, g & I. We must go to X, W or Z cities to find a doctor who is an expert for this man to get an appropriate diagnosis, treatment plan and even possible surgical consult. Based on A, B, C & D testings and findings we have done, time if of the essence. I propose doc Joe, Bing and Boo, cities ... Then the doc addresses any opposing doc's opinions, if there are any." That report gets served around on everyone, there's a hearing, and the judge decides. Later, if one of the TOS top docs - and bring in our list to yoru doc to see our list of doctors - says you need surgery and what type, the doc writes a report, and your primary doc incorporates that report and the docs' opinion, IF he agrees. Usually they do. Usually docs truly respect eachother's work. It is the attorneys and adjusters who cause all of the muckety muck and confusion!!! So then you might have to do a hearing all over again for the actual surgery. But that's how it's done, I think maybe, just my imaginings here as I'm sure not giving legal advice. But NO ONE can do this without an attorney from that area, and it is NOT a do-it-yourself system. I used an attorney, for my family I always used an attorney other than me. There are MANY reasons for that - you can get too distracted and emotional and forget! And the laws change all of the time. That's why you must see a top attorney in your area. You don't want to do all of this work and have your reports not allowed in due to some technicality. Good luck. Last edited by tshadow; 02-03-2008 at 07:02 AM. Reason: This is probably more discussion than is needed, but. Also, each state, even counties can be so very different. Don't rely! |
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02-03-2008, 09:43 PM | #22 | ||
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"Thanks for this!" says: | Jomar (02-03-2008) |
02-03-2008, 10:16 PM | #23 | |||
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If you can find a better atty fire the one you have - or threaten to if they don't respond at all.
I should have fired mine and switched to a group with women attys - I just emailed them a question and they replied right away - but couldn't give any advice since I had the other atty. I wasn't sure about the process of changing attys so i stuck it out with the 1st one...
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02-04-2008, 01:20 AM | #24 | |||
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You only lose your pulse if you actually have arterial compression. (maybe veinous,...too, not so sure about that) but you can have neurological compression and not lose your pulse.
I used to lose my pulse before surgery, and now after surgery i do not lose it anymore. However, I still have nerve symptoms, and I am having a second surgery to continue correcting them....
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02-04-2008, 09:42 AM | #25 | ||
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Going back to your original question... I find it a bit odd that your doctor wants YOU to do research! Can you find a knowledgeable TOS doctor in your area? |
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02-04-2008, 09:45 AM | #26 | ||
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And in regard to pulse loss - read this article (a simple, yet not 100% accurate test to check for pulse and blood flow to the arm):
http://www.nytimes.com/2007/02/25/ma...70&oref=slogin |
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02-04-2008, 12:41 PM | #27 | ||
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In Remembrance
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In all states I know, there is only one amount for the attorney to take, so if a guy ends up with 3 attorneys, they split it 3 ways according to the judge. If it's 5, split 5 ways - there is not more money taken from the patient / applicant. And the case is not slowed down - the attorney amount can be decided later by the attorney(s) and the judge.
The only down side is if you're one of these hot heads who fires attorneys all of the time, they'll not want you. But almost everyone switches attorneys ONCE - usually for the reason that calls were not returned. Before I hire an attorney, I watch them at court, I want someone who "does" my kind of injury, and I want someone who everyone seems to know - especially the court people. Court people know who's good. Loads of times they'll slip you a paper of who is good, but don't be a big jerk about it...on the down-low... and this isn't legal advice, but good ol' southern pal advice since he's from TN! |
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"Thanks for this!" says: | Jomar (02-04-2008) |
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