What value can a medical consultant add?
Over the years we have been asked repeatedly, “What value can you add to my cases?” Let’s take a look at some examples – and you can decide if it is worth having a Medical Consultant take a look at your case in the early in your representation.
Case 1
In a complicated personal injury case involving an automobile crash a man died in a head on collision. He was the properly restrained passenger in a car driven by his wife. The other driver was clearly at fault and the process was in progress to recover damages. The wife of the deceased man suffered serious physical injuries – and also suffered emotional/mental injuries including Post Traumatic Stress Disorder. She decided to settle a portion of her case (the wrongful death portion) without informing her attorney - and told the attorney after the fact!
There was more work to be done regarding the woman’s future medical needs. It was at this point in the case when we were brought on board. It was quickly evident to the Medical Consultant that this behavior (settling a case without knowledge of her attorney) was diagnostic for PTSD. This fact had not been previously considered and has given a fresh face to the case. It is likely that this medical opinion will lead to significantly more monetary reimbursement to the client. The ability to recognize the wife’s behavior as part of her PTSD could have been easily overlooked if not for our Medical Consultant and has major implications for the settlement.
Case 2
In a personal injury case, involving a low speed impact, a young woman sustained a debilitating nerve injury. She was a restrained passenger in a rear end collision – with the offending vehicle being a full-sized semi-truck. Her symptoms were initially a “sore shoulder and neck.” Over time her symptoms progressed into a devastating case of Thoracic Outlet Syndrome.
As one would expect, the defense team opined that the impact occurred at a velocity too low to cause serious injury. Our consultant was able to find a plethora of medical literature from well known authorities to unequivocally show causation. Articles included a landmark study showing that carnival bumper cars have enough velocity to elicit serious injury. Another article demonstrated the cascade effect that occurs in these types of injuries.
Clearly a “minor” injury in people with a genetic predisposition leads to devastating sequalae negating the common defense argument that the genetic deformity is the cause of a person’s pain – not the semi-truck that rear ended them.
Finally, another article from the medical literature demonstrated that the diagnosis of this malady is not simply a diagnosis made by EMG or any other test (as is claimed by some) – but rather a clinical diagnosis best made by a physician with vast experience with the problem. The diagnosis is best made by considering the history, physical exam, and finally radiological or neurological testing. These facts deflated the defense position that the patient did not truly have TOS because “the EMG was abnormal, but not enough so to cause symptoms as severe as those exhibited by this patient.”
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