July 2017 - Page 2 of 3

I am an amputee and am having trouble getting my insurance company to pay for a socket replacement or for a new prosthesis. What should I do?

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Dealing with insurance companies as an amputee can be incredibly frustrating. There is often a maze of red tape that must be waded through in order to get the medical services to which you are entitled under the terms of the policy.

In many cases, the new prosthesis or adjustment to a prosthesis is denied because of documentation requirements that are not fulfilled. Insurance companies must see documentation showing the services that you require. Insurance companies look at the treating physician’s records, not the prosthetist’s records. The doctor who writes the prescription must be able to show why a prosthesis is needed.

Unfortunately, since doctors are not prosthetists, they do not always understand why a certain socket could be beneficial to an amputee. Prosthetists, as well as patients, must tell the doctor what is needed and why. If there is a problem with your socket, you should tell specifically the problems it is giving you – is it causing health problems, limiting your activities, causing pain in your residual limb, or is the socket damaged or worn out? You should also tell your doctor what the solution is, and why your prosthetist feels that would be the best course of action. Your doctor should document your conversation and submit the records to the insurance company.

Socket adjustments and repairs, as well as new prostheses can be covered under the insurance policy, if it can be shown there is a medical necessity. Normally repairs and adjustments are covered under the original order for the prosthesis, but if the socket must be repaired, or another expensive change is made, there must be a new prescription and documentation.

The bottom line is the best way to get insurance to cover your socket replacement, or a new prosthesis, is to work with your doctor and your prosthetist to submit a solid claim. If your insurance company refuses to pay, it may be time to speak with an attorney. Call me, Conal Doyle, Amputation Attorney, at 310-385-0567. I am an amputee as well as a personal injury attorney, and I help amputees fight insurance companies that are acting in bad faith. Call today to learn more or to schedule a free consultation.

I sustained a serious back injury in a motorcycle accident. What are my legal options?

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I’m sorry to hear about your back injury. Back injuries can be among some of the most painful injuries that can occur in a car accident. Back injuries can be debilitating as well, which can cause victims to be unable to return to work or to live pain free.

Depending on the circumstances of the accident, a back injury may be obvious after an accident, or it could go undiagnosed for weeks, months, or even years. Some of the most common back injuries involve herniated discs, which occur when force is put on the body and the disc bursts or gets out of alignment. There are a number of surgeries that can help repair damaged discs, including spinal fusion, disc replacement, discectomies, laminectomies, or foraminotomies.

It’s important to be thoroughly checked out by a doctor if you have been involved in a motorcycle accident, even if you feel like you were not harmed. Motorcyclists involved in accidents can sustain serious injuries, even if they can’t tell that they were seriously harmed. Back problems may not become apparent until months or years later, when it may be too late to get sufficient help.

If you have been harmed in a motorcycle accident, call me, Conal Doyle, Los Angeles motorcycle accident attorney at 310-385-0567. My legal team can help you get the compensation to which you are entitled. Call today to learn more or to schedule a free consultation.

I tripped and fell on an uneven surface in a Los Angeles business. Should I sue the property owner?

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An uneven floor can cause serious injuries if a person trips, stumbles, or falls on it. For many people, it may be difficult to see a difference in elevation of a surface. Customers and visitors to businesses may not have any way of knowing there is an uneven surface unless there is a sign warning about it.

If you have been injured because of an uneven surface in a public business, you may have the legal right to recover compensation from your injuries. That compensation may come from the owner of the building, the tenant of the building, or even a company that provided maintenance for the building.

Property owners have a legal duty to make repairs that are needed on a property. In addition, they have a duty to regularly inspect property to see if it needs to be repaired. Normally, in order to be liable for a fall, the property owner must have known or should have known of a dangerous condition. If a property owner had made repairs to a floor in the past because of its tendency to be uneven, that is evidence that the property owner should be on notice that repairs may be required again.

There are some common causes of uneven floor accidents. Many property owners do not properly maintain their floors, and ignore dangerous conditions. Sidewalks and driveways may crack because of weather, age, or the growth of tree roots under the property. Other accidents may occur because even though a property owner knows about a dangerous condition, he or she may fail to warn visitors of the condition.
Even one fall on an uneven floor can lead to very serious injuries. Some victims may suffer from back injuries, nerve damage, traumatic brain injuries, broken bones, injuries to the spinal cord, and other conditions. Victims can seek compensation for their lost wages, pain and suffering, medical expenses, and more.

If you have been injured by a fall on an uneven surface in the Los Angeles area, call me, Conal Doyle, Los Angeles premises liability attorney at 310-385-0567. My team can help. Call today to learn more or to schedule a free consultation.

My doctor has recommended that I have transcranial Doppler imaging done. What are the risks of the procedure?

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Transcranial Doppler imaging is a type of ultrasound using a Doppler. The ultrasound measures the velocity of blood flow through the brain’s blood vessels. Transcranial Doppler imaging can be used to diagnose hemorrhages, clots, emboli, sickle cell disease, cerebrovascular disease, and cerebral circulatory arrest. They are also done in conjunction with other tests, including MRIs and CT scans.

Transcranial Doppler is a form of intraoperative monitoring, and it works by emitting a high-frequency sound wave that bounces off various substances in the body. Echoes that are produced are detected by a sensor in the probe. The echoes can determine the speed and direction that blood is travelling.

Transcranial Doppler imaging is one type of intraoperative neurophysiological monitoring (IONM). It can help surgeons monitor the body’s responses during delicate procedures. Your doctor can better advise you of the risks of transcranial Doppler imaging. Like all medical procedures, it has risks and benefits. In some rare cases, patients can be harmed during the procedure, and in some cases that harm is caused by the negligence of medical professionals.

If you or a loved one has been harmed during a procedure involving transcranial Doppler imaging, you should speak with an attorney. Call me, Conal Doyle, IONM attorney at 310-385-0567. My team has experience with cases involving intraoperative neurophysiological monitoring, and may be able to help you. Call today to learn more or to schedule a free consultation.

My child got diagnosed with cerebral palsy in Los Angeles. Can I sue my doctors?

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In some cases, yes, you can sue your doctor. Some cases of cerebral palsy occur during the pregnancy or during the birth process, and could be prevented by appropriate medical care.

Brain damage causes cerebral palsy. The main causes of brain damage that lead to cerebral palsy can happen during pregnancy, during labor and delivery, or during the birth process. There are some environmental and other factors that can harm development prior to a child’s birth, such as infections. Also, during the pregnancy, brain formation may be interrupted or impaired by a rupture of blood vessels or oxygen deprivation. The birth process can be delayed, which can lead to cerebral palsy. The baby may suffer from injuries to the head during an assisted delivery. The child could contract an infection after birth, which can lead to cerebral palsy.

There are a number of actions that doctors can take which can help prevent cerebral palsy. The baby must be monitored throughout the pregnancy in order to detect abnormalities. Children who are born prematurely must be given special medical treatment. During delivery, the heart rates of both the mother and the child must be monitored to detect symptoms of fetal distress. Newborns should be monitored for jaundice, which can lead to cerebral palsy if left untreated.

If your child has cerebral palsy, and you believe that it could have been prevented if your doctors had taken the proper precautions, you should speak with an attorney. Your child will have to live with cerebral palsy for the remainder of his or her life, but you only have a limited time in which to seek compensation. Call me, Conal Doyle, Los Angeles medical malpractice attorney, at 310-385-0567. Call today to learn more or to schedule a free consultation on your case.

My insurance will not pay for my prosthetic. Should I go on Medicare?

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Insurance issues can be among the most frustrating aspects of living life as an amputee. For many amputees who become amputees as children, their prostheses are covered by Medicaid until the age of 18. Once they are 18, amputees are typically either covered by parents’ insurance or their own insurance, and the prostheses are paid for by a private insurance company.

Unfortunately, in many cases private insurance companies do not offer the same level of services that Medicare and Medicaid do. Insurance companies may deny an amputee the prosthesis that is required and instead may try to find a less expensive alternative. The cheaper alternative may not allow the amputee to engage in all the physical activities the amputee would like. Also, a lower-quality prosthesis can actually lead to serious health problems for the amputee, including back problems, muscle problems, and falls.

However, normally to qualify for Medicare or Medicaid (unless over retirement age), an amputee must be not working and on disability or another government program. Many amputees have rewarding careers that they may not wish to give up. Instead, the amputee should fight the insurance company. Insurance companies will reverse their decisions, but usually it takes some work on behalf of the amputee. The amputee may need to coordinate with his or her doctor, prosthetist, physical therapist, and others in order to get the prosthesis that is needed.

In other cases, an attorney may need to assist. If you’re an amputee and your insurance company refuses to cover your prosthesis, you should speak with an attorney. The insurance company may be acting in bad faith. Call me, Conal Doyle, Amputation Attorney, at 310-385-0567. I am an amputee as well as a personal injury attorney, and I can help. Call today to learn more or to schedule a free consultation.

What is the standard of care in intraoperative neuromonitoring cases?

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That’s a complex question. The term “standard of care” is used by medical malpractice attorneys in malpractice cases. The standard of care is typically defined as what other similarly trained attorneys in the same geographic area with about the same amount of experience would do in a particular situation.

Intraoperative neuromonitoring means monitoring the nervous system during certain surgical procedures to ensure that the body is responding as it is supposed to. In some intraoperative neuromonitoring cases, the monitoring is not correctly performed and the surgery goes poorly.

To determine whether or not medical malpractice has occurred, in most cases you look at the standard of care and compare it with what actually happened. Currently, there is no clear medical standard of care for intraoperative neuromonitoring or for when it should occur. Some surgeons who perform spinal surgeries use it in all of their cases, and some use it in only some surgeries. Some surgeons do not use it at all because of a belief that it does little to help with safety.

However, just because standards of care in intraoperative neuromonitoring do not exist or are still developing does not mean that you cannot seek compensation if you are harmed during a procedure involving intraoperative neuromonitoring. Call me, Conal Doyle, IONM attorney if you had a surgical procedure that was being monitored go wrong. My team can help. Call us today at 310-385-0567 to learn more.

Kidney disease caused my leg to be amputated. Can I sue my doctor for malpractice?

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Chronic kidney disease can be easily overlooked, but the number of people afflicted have been on the rise. Currently, chronic kidney disease is the ninth leading cause of death in the U.S., and affects 26 million Americans.

Although most patients with chronic kidney disease understand their medical condition, they may not recognize the complications that are often associated with chronic kidney disease. One of the most devastating complications associated with chronic kidney disease is peripheral artery disease. People with chronic kidney disease are at higher risk than the general population of developing peripheral artery disease, which is a narrowing of the blood vessels that carry blood from the heart to the legs.

Vascular disease, including peripheral artery disease, is responsible for about 80 percent of all amputations. The good news is that there are some technologies now available that can help reverse some of the symptoms and prevent amputation. These new technologies have helped decrease the number of major amputations in patients with peripheral artery disease by 75 percent.

However, it’s critical that patients with chronic kidney disease, as well as their doctors, are alert to peripheral artery disease, its symptoms, and its complications. However, unfortunately, many patients with chronic kidney disease have less than optimal health care. It’s important that patients stay proactive and informed about their condition and some possible health risks.

If you have suffered an amputation as a result of chronic kidney disease, it’s possible that the amputation is due to medical malpractice. If your doctor failed to diagnose your condition or prescribe the appropriate treatment, he or she could be held responsible. Call me, Conal Doyle, Amputation Attorney, at 310-385-0567. I am an amputee as well as a personal injury attorney, and I have experience in helping amputation victims receive compensation for their injuries. Call today to learn more.

I lost my eyesight in an accident in Los Angeles. What are my legal options?

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That sounds like a terrible accident. Losing your vision can be very scary and life-altering. In some cases, there may be a medical treatment that can help. Therapy can also help people function without vision and even live full, active lives.

Your legal options after an accident depend on the facts of the accident. If you were responsible for the accident, it’s unlikely you will be able to recover any compensation. If another party was responsible, you may be able to recover compensation for your pain and suffering, medical expenses, lost wages, and more.

There are several types of accidents and injuries that may cause vision loss or blindness. If there is a direct injury to the optic nerve, that can cause vision loss. Any head injuries or traumatic brain injuries can also cause vision loss. In some cases, being exposed to certain types of chemicals can damage the vision. The earlier you can find the underlying cause of the vision loss, the better the odds of having a successful treatment. Surgery can be helpful in some situations. An experimental therapy may also help.

If you have experienced vision loss because of an accident, you know that it can take time to learn to cope with the physical and emotional trauma of the accident. A loss of vision in most cases completely changes a person’s life. They will likely be unable to return to work, and may need training for a new career or some type of disability assistance. The victim also needs to learn how to function without eyesight or with reduced eyesight.

If you or a loved one has lost vision because of an accident in Los Angeles, call me, Conal Doyle, Los Angeles personal injury attorney. My team may be able to help. Call today to learn more or to schedule a free consultation at 310-385-0567.

My child was born using forceps during delivery and he was harmed. Can I sue on his behalf?

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Injuries during childbirth happen regularly. In most situations, the injuries to the mother and child are minor and will heal quickly with no lasting effects. However, in some cases the injuries can cause problems that may last for years or even a lifetime.

One situation in which injuries during childbirth are not uncommon involves deliveries using forceps. Forceps are an instrument that looks like a couple of spoons, and they are used to guide a baby’s head out of the birth canal.

Forceps are not used in most deliveries. In fact, they are normally only used during the second stage of labor (when the mother is pushing), if the labor is not progressing as it should. They may also be used if the baby’s health requires that the delivery occur immediately. Forceps deliveries do not always work, and if they fail a C-section may be needed. Therefore, forceps deliveries should only occur at hospitals where C-sections can be performed.

Not all situations are appropriate for forceps. The baby may be too large to fit through the birth canal. The baby may not be far enough along in the birth canal. The baby could have certain medical conditions that would mean forceps should not be used. Also, if the position of the baby’s head cannot be determined, forceps should not be used.

Both mother and child can be harmed by forceps. A child can suffer serious injuries to the face, seizures, internal bleeding, and even skull fractures. In addition, forceps can damage the mother internally. Some mothers experience damage to the urinary tract, uterine rupture, and pelvic organ prolapse.

If you or your child were harmed during childbirth by forceps, it did not necessarily occur because of medical malpractice. However, it’s worth talking to an attorney about. Call me, Los Angeles birth injury attorney Conal Doyle at 310-385-0567. I can help. Call today to learn more or to schedule a free consultation.