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Black and White Medical Records

Burdine & Brown Oct. 11, 2019

It is amazing how many times I hear a new or existing client say to me: “How can insurance doctors say that about my medical condition? I am hurt, I cannot work yet this inhumane doctor doesn't believe me.”

I never want to get to the point in my legal practice that I listen to these inhumane doctors' opinions that hurt or ignore my client's genuine medical condition. Their awful opinions are pushed all the time.

I am amazed at the brazenness of the insurance doctors and how far they will go to protect the interest of their insurance company generators of business.

For instance, a well-known insurance orthopedic surgeon said recently that after one spine operation on my client for a small disc removal, my client needed no further medical treatment, had a small percentage disability and could return to most of the type of work he was doing prior to the surgery.

I asked my client to attend an IME (Independent Medical Examination) of our choosing because he did not believe the company orthopedic surgeon. Here are a few items the IME doctor said in his medical report:

  • The client had a discogram and it suggests post laminectomy symptoms that was reaffirmed by the discogram.

  • The IME doctor recommended sacroiliac injections to rule out that the patient/client's S/I joints were not contributing to the patient's pain.

  • Then the IME doctor recommended proceeding with TLIF (thoracic/lumbar interbody fusion operation) at L4-L5 and L5-S1 with facectomy decompression and fusion for postlaminectomy symptoms and Annular tear with the disc herniation L4-L5

  • Further the doctor states that if the patient is not a candidate for surgery, then pain management referral would be warranted for consideration of an implantable pain stimulator.

Why on earth did the company doctor have the gall to omit so many other treatment options for this kind client of mine? His errors of omission are mindboggling.

The insurance adjuster, no doubt, had a little talk with the doctor about LIMITING TREATMENT OPTIONS. This happens far too often. I can sense it happening in this client's case.

What is our response? A part of Georgia Law in Workers' Compensation cases allows for the worker to petition The Court for a change of doctors when the insurance company doctor abandons the patient's medical treatment. We should be able to demonstrate this in short order.

Stay Tuned!