Legal Question in Personal Injury in Massachusetts
Casual Realtionship Auto Accident
Someone I know was in an auto accident. She was the passenger. It was determined to be the other parties fault. She suffered sub-hemotoma/head trauma (brain bleed). She had to be taken off cumadin as a result of the bleed, (had been on it for appx. 8 years). She suffered clotting in both legs as a result of being taken off the drug. The doctor did not attribute the clots as being a direct result of being taken off the med. in his report, although in conversation at the hospital did attribute it to the med. being stopped.
What is your opinion on this as it pertains to insurance coverage for her medical bills in regard to the auto insurance paying the medical bills incurred?
4 Answers from Attorneys
Re: Casual Realtionship Auto Accident
Frankly, offhand, it sounds like the doctor can make the cause and effect; there's a wee problem in that he doesn't want to "incriminate" (shall we say) himself for his decision to take her off cumadin, which, while probably the right thing to do, still was a contributing factor to the clots.
So you could have some trouble getting his testimony. But it looks like the cause and effect is there and provable, hence the accident insurance should (be made to!) cover the clots. Though unlikely, the policy may have some sort of exclusion with an intervening additional cause like this, but the party responsible for the accident would still be liable; I doubt the insurere could duck it, either.
Re: Casual Realtionship Auto Accident
Get thy friend rather quickly over to a personal
injury firm -- e.g., Lubin & Meyer -- and they
can help her determine what the next step is.
They can also have her re-examined. Her damages may be both from the accident and the doctor.
Re: Casual Realtionship Auto Accident
The person you know needs an independent doctor to evaluate the records and to serve as plaintiff's expert. This will cost money but most often lawyers will front the expense.
Also, a good, honest, expert review may not support the point you wish to make. You pay for the opinion and provide the facts but an expert who reaches for doubtful opinions will end up hurting you finally.
It is very common for a treating doctor to tell the patient something but fail to put it in writing for use in court. Treating doctors are not the best experts for plaintiffs since they are inclined to see the physical end result as very favorable.
The questions your posting raises for me are - how much coverage is avaliable ? What about medical liens ? If you claim and recover medical expenses paid by someone else, you have to repay them.
Best wishes
Charles W. Cobb
www.massachusettslawyer.net
Re: Casual Realtionship Auto Accident
It sounds like you friend has a good case for money damages.
She should see a qualified attorney immediately regarding
the car accident andor the doctor's potential negligence.
I offer a free consultation (978) 465-5158
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