INJURY LITIGATION ADVICE

 

What proof is required?

1. Negligence or fault.

2. The negligence act caused the injury or made a pre-existing medical condition symptomatic or worse.

  1. 3.Medical doctor or chiropractor examines the patient, documents the patient’s history, mechanics or what cause the injury or symptoms, gives a diagnosis, and prescribes a treatment.


Issues, terms, and questions that surface in every injury case:


Soft tissues superimposed on a pre-existing disease or degenerative process presents a complex and specific problem to the treating physician and to the reader for whom this Primer is written.The long accepted principle that a latent quiescent pre-existing soft tissue disease may suddenly become a debilitating disabling one was perhaps best verbalized in 1959 at a medical-legal seminar with the definitive use of words: activate, aggravate, and accelerate.


Something causes this to happen and the proper history and examination will usually elicit the event.


There is no question that any soft tissue injury may do these.


The most important questions to be asked are:


  1. What condition was the person in prior to the injury?

  2. How did he/she function?

  3. What were the physical findings?

  4. At what rate were they progressing?

  5. How often did he seek medical care prior to the trauma?

  6. How often has he sought medical care since?

  7. What painful procedures has he endured during the diagnosis and treatment?

  8. Would anyone willingly endure these for anticipated, secondary gain alone?

  9. It should be remembered that the disease proves may have been present before a soft tissue injury, and that the disability could have solely been precipitated by the trauma.

  10. In these cases, as well as when objective findings are minimal, defense will attack the plaintiff’s character and imply malingering or secondary gain.


Causation Terminology

Your doctor must use these words or terms to establish causation, whether it’s a new symptom, injury or an aggravation of an old one. These word connectors will help serve to establish a relationship, the causal link between liability or between the event and its sequelae:


  1. Activate, aggravate, accelerate

  2. Basis, breed

  3. Cause, create, contribute, connect

  4. Develop

  5. Engender, effect, enhance

  6. Form, father

  7. Generate, grounds

  8. Inaugurate, incite, increase, induce

  9. Initiate, institute, intensify, introduce

  10. Justification

  11. Launch

  12. Make

  13. Originate

  14. Precipitate, provoke, produce, prompt, propagate

  15. Reason