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Virginia Medical Malpractice Cases

Virginia Lawyers Weekly » Verdicts & Settlements

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Why did a respected federal judge call an orthopedic surgeon a hired gun

Virginia accident victims must take the responsibility to advise any treating physician of all prior accidents and injuries. To hide this information, willingly or mistakenly, is to invite disaster to your car accident case.

In a recent Virginia car accident case, a federal judge through out the doctor's testimony, calling it unreliable.

Here's what the doctor did:

1. based his opinion on cause of injury solely on the patient's self report

2. did not adequately investigate the relevant medical history

3. failed to discover 2 prior car accidents

4. failed to know about prior knee and back injury which resulted in ongoing neck and back pain

5. failed to discover right arm and trapezius pain that prexisted the accident

6. failed to discover the reason for a visit to the emergency department one month before the accident (during which the claimant compalined of knee pain and swelling.

7. failed to consider obesity and degenerative disk disease as alternative sources of ongoing pain.

This is a dual doctor/patient reponsibility, especially when both the doctor and the patient know that a claim for money is going to be made.

Folks, the insurance company is always going to find out about prior injuries and accidents. You MUST be upfront with your doctor and your lawyer.
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