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Will my insurance company pay for a new treatment to help with my pain from my amputation?

I’m sorry to hear about your amputation and the pain surrounding it. For many people who have lost a limb, the pain comes from sensitivity of nerve endings around the amputation site. There may also not be enough padding over the bone. Some patients may not be able to wear a prosthetic limb. In some cases, the amputee is able to undergo another surgery to help repair the amputation site. Bone may be removed, or tissue added to the area. Although this may help, there are always risks with every surgery, and patients may have scarring, infection, and pain from …

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What can I do if I am injured in an accident with a driver who was texting and driving?

I’m sorry to hear about your accident. Despite all the education that has occurred over the past decade, texting and driving is still very prevalent. In addition, about 46 states have laws against texting and driving, and 94 percent of drivers support that ban. Even so, about 1.6 million accidents are linked to texting and driving each year, resulting in about 330,000 injuries. Although most drivers would never consider drinking and driving, about 10 percent of adults admit to texting and driving. For teens, the percentage is much higher. Statistics have shown that texting and driving is six times more …

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My child has cerebral palsy. Can I sue my doctor?

You may be able to sue the doctor, if a doctor’s negligence led to your child’s cerebral palsy. Cerebral palsy is a group of neurological disorders that are usually caused by brain abnormalities during pregnancy, the delivery, or early in a child’s development. Most children who are born with cerebral palsy do not show any symptoms until months or years later. In many cases, the brain damage associated with cerebral palsy occurs during pregnancy or during the birth process. A doctor or nurse may delay the delivery or fail to monitor the baby for signs of fetal distress. If the …

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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?

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 …

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Is my personal injury settlement taxable?

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, …

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

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 …

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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?

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 …

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Injured in an accident caused by an intoxicated boat driver.

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 …

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

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 …

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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?

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 …

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

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 …

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

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 …

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