April 2017 - Page 2 of 3

My prosthetist told me that my doctor will not give any notes for my prosthesis and they cannot finish it for insurance reasons. What are my legal options?

Posted on by

Dealing with doctors, insurance companies, and medical suppliers can be very frustrating for amputees. There is a big problem with insurance coverage and prostheses, which can lead to problems for the patient. The problem began in 2011, when Medicare issued a letter to doctors which outlined the documentation requirements that must be documented by the doctor for the prosthetic limb to be covered under Medicare. If a doctor’s medical records, prescription, prothestist’s notes, treatment plan, and the prosthetic delivery do not match, Medicare will likely refuse payment to the prosthetist.

Unfortunately, doctors are not prosthetists and do not understand the nuances of what must be written in the prescription. Generally, the prescription must demonstrate that the prosthetic arm or leg was reasonable and necessary.

If there is an audit, Medicare may request medical records for patients from the prosthetists. The prosthetic clinic must have the medical records showing the patient’s current functional capabilities and the expected functional potential. The prosthetic clinic is responsible for providing the correct documentation from the doctor. If the clinic does not have the notes, the clinic may refuse to give you the prosthetic until getting the proper notes, or give you a less-expensive prosthetic, which could take less justification, or provide the service to you anyway and hope there is no audit.

If you are an amputee and you are stuck in a battle with your insurance company, call me, Amputation Attorney Conal Doyle at 310-385-0567. I am also an amputee, and I enjoy helping other amputees fight insurance companies that are acting in bad faith. Call today to learn more.

Is my personal injury settlement taxable?

Posted on by

Most personal injury cases are settled before or during trial. Only a small number go in front of a judge or jury to reach a verdict. Once you agree on a settlement and sign some papers, the case is over. You then receive your settlement, less the attorney’s fee. After receiving the check, you may wonder whether or not you have to pay taxes on the settlement.

In most cases, the proceeds you receive from your settlement are not taxable under state or federal law. This general rule applies whether or not you settled your case before or during trial, or if you went to trial and received a verdict. Typically, settlements compensate the victim for lost wages, medical expenses, pain and suffering, and attorney’s fees, and those settlements are not taxable.

However, there are a few exceptions to the general rule. If you receive punitive damages, which are designed to punish the defendant, those are taxable. Also, if a breach of contract caused your injury, and that breach of contract is the basis of your lawsuit, you will be taxes on any damages related to a breach of contract. Also, if you receive interest as part of your settlement, that interest is taxable. For example, if there was a lengthy delay between when you filed your lawsuit and when you received payment, you may receive interest on that delayed payment, which is taxable. Finally, if your settlement was only for emotional injuries and not physical injuries, your settlement of verdict is taxable unless you can prove you suffered some physical injuries.

As a personal injury attorney, I can help clients insure that as much of their settlements are non-taxable as possible. If you have any questions, call me, Conal Doyle, personal injury attorney, at 310-385-0567. Call today to learn more or to schedule a consultation.

What is rotationplasty? Does my insurance company have to cover my prosthesis if I have a rotationplasty?

Posted on by

Rotationplasty is one alternative available to some amputees who must have an above-knee amputation. The technical name for this procedure is a Van Nes rotationplasty. The procedure preserves the working knee joint and offers many above-knee amputees the same function as below-knee amputees. Rotationplasty surgeries have been performed for 60 years, but some consider them controversial.

In a rotationplasty, a patient’s knee is cut out, and the lower part of the leg is rotated and reattached so that the ankle takes the place of the knee. The limb becomes a functioning shortened leg. There are a number of issues with the surgery. It can be difficult to perform, and may require later surgeries to correct. The bigger controversy is whether it is necessary. Many feel that it looks bad and offers the patient few long-term benefits. Many critics point out that if the procedure is successful, the patient is left with a shortened leg and a foot that faces backwards. However, it offers huge benefits, such as the fact that most rotationplasty patients do not have phantom limb pain. Also, most rotationplasty patients can bear weight normally on the foot.

Rotationplasty patients use prostheses, which can be more difficult to fit given the nature of the procedure. Some patients who undergo rotationplasty surgery are told by their insurance company that the prosthetic is not covered if a rotationplasty is performed. In many cases, covering the cost of a prosthesis for a person who has had rotationplasty performed is actually less expensive than a person who needs a prosthesis with a knee joint.

If you believe that your insurance company is acting in bad faith in refusing to pay for your prosthesis, call me, Amputation Attorney Conal Doyle at 310-385-0567. I am an amputee and I enjoy helping other amputees receive the benefits to which they are entitled. Call today to learn more or to schedule a consultation.

I had my surgery monitored by intraoperative neurophysiological monitoring and I had some bad side effects from the surgery. I don’t the person who was performing it was property trained. What are my legal options?

Posted on by

I’m sorry to hear about the side effects from your surgery. Intraoperative neurophysiological monitoring has become popular in recent decades. IONM is designed to monitor changes in brain, spinal cord and peripheral nerve function during surgery, with the goal of preventing damage before it occurs. IONM is typically done in delicate surgeries involving the brain, spinal cord, or nervous system.

Currently, there is no national certification for IONM providers. Typically, IONM is performed by someone who is experienced and trained in monitoring surgeries. If you believe that your monitoring was performed by someone who was not properly trained, you should speak with an attorney. Cases involving IONM are complex and involve studying your medical records, building a case about why you were harmed, showing negligence on the part of health care providers, and more.

If you believe that you were harmed during surgery because of the negligence of the technician who was providing your monitoring, you should call an attorney. There may be multiple reasons your surgery did not go as well as expected. The surgery could have gone poorly because of a mistake on the part of the surgeon or because the technician who was monitoring your surgery acted negligently. On the other hand, no results are guaranteed from any surgery, and the side effects may have been completely unavoidable.

Call me, Conal Doyle, IONM attorney at 310-385-0567 if you have been harmed during a surgical procedure that was monitored by IONM. My team can help. I am experienced in helping victims of negligent monitoring during surgeries. Call us today to learn more or to schedule a free consultation on your case.

Injured in an accident caused by an intoxicated boat driver.

Posted on by

Boating under the influence of drugs or alcohol is very dangerous as well as illegal. It’s been estimated that roughly half of all boating accidents are related to drug or alcohol use. Some studies have shown that alcohol use can be more dangerous on boats than on land. The boat’s motion and the sun and wind can combine to make the boater become more quickly intoxicated. In addition, boaters frequently become very tired more quickly than an automobile driver would.

Unfortunately, many boaters do not have much experience on the water when compared with driving on land, which can make drinking and boating even more dangerous. Drinking while boating can cause a lack of balance, poor vision, and overall a lack of physical and mental performance.

Under California law, boat operators can be charged with driving under the influence of drugs or alcohol. There are federal laws in place as well, which are enforced by the Coast Guard. Anyone convicted of boating under the influence can face similar penalties as the driver of a car who is driving under the influence.

If you have been harmed by a boater who was under the influence of alcohol or drugs, you have legal rights that need to be protected. You may be entitled to compensation for your medical expenses, lost wages, pain and suffering, and more as a result of the accident. If you are in southern California, call me, Conal Doyle, Los Angeles personal injury attorney, at 310-385-0567. I will provide you with a free consultation on your case.

My childbirth lasted a long time and my child was injured. What are my legal rights?

Posted on by

When labor lasts longer than is healthy for the mother or child, it’s common for birth injuries to occur. In that situation, doctors must make difficult decisions about what to do next. In some cases, doctors may choose to perform an emergency c-section, administer drugs to the mother to assist with contractions, or use forceps or other devices. Fortunately, most injuries during childbirth are minor and heal quickly. However, some mothers and children are left with more serious injuries.

The majority of injuries sustained during delivery are a result of prolonged labor. In many cases, prolonged labor is evidence of a more serious complication that may prevent the delivery of the child. The contractions may not be strong enough to deliver the child. The child may be in a bad position or could be too large to fit through the birth canal. Some common complications associated with prolonged labor include a lack of oxygen, a low fetal heart rate, low blood pressure, detachment of the placenta from the uterus, and more.

In these situations, doctors must act quickly to determine the best way to safely deliver the baby that will not pose a risk of harm to the mother. Studies have shown that most injuries that result in long term health problems that occur during delivery can be prevented with proper testing and monitoring.

If you or your child was injured during childbirth, call me, Conal Doyle, Los Angeles medical malpractice attorney at 310-385-0567. My team can help ensure that you get the compensation to which you are entitled.

I am going to have my surgery monitored in real-time. I was told the person monitoring it is a CNIM. What is that and does that mean the surgery will go well?

Posted on by

Your surgery is most likely going to be monitored using intraoperative neurophysiological monitoring (IONM). IONM uses electrophysiological methods to monitor the integrity of the nerves, brain and spinal cord during surgery. IONM can help reduce the risk to the patient of damage to the nervous system during surgery.

IONM has slowly been gaining in popularity. There are several benefits to having IONM done during your surgery. It is relatively inexpensive and non-invasive. It has been proven to be beneficial to patients, and has few downsides.

In the U.S., there has been no licensure of individuals allowed to perform IONM during surgery. There are two certifications available privately: CNIM (certified in neurophysiological intraoperative monitoring) and D.ABNM (Diplomat of the American Board of Neurophysiological Monitoring). The CNIM certification is more widely used in the U.S., and it requires education, a certain number of surgeries and testing.

Unfortunately, there is no guarantee any surgery will go well. The fact that the person monitoring your surgery appears to be educated and likely is qualified is beneficial, but no surgery guarantees a successful outcome. Overall, your surgery is likely to go better with IONM than it would without IONM. However, there are cases in which IONM is incorrectly performed, and fails to prevent damage to the patient.

If you have been injured during your surgery that was monitored using IONM, call me, Conal Doyle, IONM malpractice attorney. I have experience in the area and can help. Call my team at 310-385-0567. We can help.

My brother developed a sarcoma and later died. Can I sue his doctors?

Posted on by

Sarcoma is a rare form of cancer, and can be fatal. The most common form of cancer is carcinoma. Sarcoma grows in connective tissue, and sarcoma tumors typically occur in the bones, muscles, cartilage, nerves, fat, tendons or blood vessels. The two main types of sarcomas are soft tissue sarcoma and bone sarcomas.

One thing that makes sarcomas, particularly soft tissue sarcomas, so dangerous is that they can be very hard to spot. They can grow anywhere in the body. In most cases, a lump is the first sign. The lump is often painless. As the lump grows, it may press against something which can make the victim uncomfortable. Unfortunately, there are no tests that can find these tumors before they cause other symptoms. If your doctor believes you may have a sarcoma, there are a number of tests that can be done to diagnose it. Sarcomas can be treated through chemo or radiation or surgery.

If your brother died from a sarcoma, his legal options would depend on a number of factors. First, in an unusual situation he may be able to sue any person or party that was responsible for causing the sarcoma. That would be unusual, but in some rare situations sarcomas can be caused by exposure to radiation. If he worked for an employer that exposed him to radiation that employer could be held liable. The other way a party could be legally liable for his sarcoma would be if he received poor medical care. If a medical provider should have diagnosed the sarcoma and didn’t, or if he received poor care, the doctor or hospital could be liable for medical malpractice.

Call me, Conal Doyle, Los Angeles medical malpractice attorney at 310-385-0567 if you believe that someone is responsible for your loved one’s death due to medical malpractice. My team has a great deal of experience in helping clients who have been injured by a medical professional. Call today to learn more or to schedule a free consultation.

I had a finger amputated by a piece of furniture. Can I sue for damages?

Posted on by

I’m very sorry to hear about your finger. Thousands of people every year lose fingers or toes due to consumer products. In some cases, those amputations are caused because people misuse the products. In other cases, the product is inherently unsafe and poses a danger to consumers and should be recalled. Recently, Ikea recalled more than 33,000 beach chairs after receiving reports of injuries related to the chairs. In six cases, the users suffered finger amputations.

If you have suffered a finger amputation because of a defective consumer product, you may be able to sue the company for damages. Companies who manufacture products for sale to the public have a duty to ensure that those products are safe. If a product is unsafe and a consumer is harmed, the manufacturer has a duty to compensate the consumer for his or her losses.

Amputations are painful and traumatic. Victims may have a hard time adjusting to their lives after the amputation. With a finger amputation, if the victim worked a great deal with his or her hands, it can be difficult to adjust to life without the finger. In addition, the victim may experience emotional pain and suffering and medical expenses after the amputation.

If you have suffered an amputation as a result of a defective consumer product, call me, Amputation Lawyer Conal Doyle at 310-385-0567. I am an amputee and I enjoy working with other amputees to ensure that they receive the compensation to which they are entitled. Call today to learn more or to schedule a free consultation.

I suffered severe spinal cord injury in a car accident. Can I sue the other driver?

Posted on by

I’m very sorry to hear about your spinal cord injury. Some spinal cord injuries can be recovered from using surgery and therapy, and in other cases the victim may have lifelong injuries. Typically, the severity of the impact as well as the force on the spinal cord will impact the type of injury and whether or not the victim can recover. The most common cause of spinal cord injuries is vehicular accidents. Some other common causes include falls, sports injuries, and violence.

Normally, the closer the spinal cord injury is to the brain, the more serious the injury. If a spinal cord injury occurs in the neck area, it can result in the loss of the use of arms, legs, and torso. If the spinal cord injury occurs in the back, typically the use of the legs is affected. Most spinal cord injuries are classified as complete or incomplete, which refers to whether or not there is feeling below the injury. Some common side effects that spinal cord injuries face besides paralysis include pain, respiratory issues, bowel and bladder issues, fertility and sexual function issues, and more.

Spinal cord injury victims can face astronomical medical expenses for the remainder of their lives, in addition to other expenses. If you have suffered a spinal cord injury due to the negligence of another driver, it’s important that you seek legal help. You may be entitled to compensation for your injuries, but time limits do apply.

Call me, Conal Doyle, Los Angeles automobile accident attorney at 310-385-0567. My team may be able to help with your situation. Call us today to learn more or to schedule a free consultation.