Tough Trip and Fall - Broken Step Outside Apartment
Cesar, while walking down his stairway outside his apartment, tripped and fell on his knee. Cesar previously warned the landlord about the broken step, but the landlord failed to repair the step. The patient received extensive chiropractic and orthopedic care.
Cesar ruptured his patella tendon requiring surgery. The surgery did not go well, creating a condition known as “patella alta” [elevated kneecap] and necessitating a second surgery.
The defendant claimed that Cesar knew about the broken step and helped cause his own injury.
The case settled at $975,000 after rejecting defendant’s offer of $250,000.
Cesar Borjas vs. Ghaemie et al. Judge Margaret Bernal
LESSON TIPS
1. Most major trip and fall injuries take place at home.
2. Apartments usually have ample insurance.
3. Bad surgical results are always the burden for the defendant.
How One Lawyer Rewrites the Doctor's Lien
Have a look at this re-written lien. This is a warning. ANYTIME a lawyer marks up a lien, it is almost always bad news to you, your clinic, and your family.
Click image to enlarge.
ACE's Tip
A chiropractor recently told me about a situation where an attorney was referring patients to an out-of-state orthopedist for video evaluation. While there is technically no problem with this so long as the doctor is licensed in California, an adjuster or defense attorney who is paying attention will immediately understand the implications of this action.
This doctor will be performing no surgery, performing no injections, and making no referrals to additional specialists…they can’t by the nature of their location. This makes it obvious that their inclusion as a “treating physician” is purely symbolic—meant to inflate the medical special damages while adding nothing to the treatment of a patient’s injuries.
In other words, it is a signal that the patient doesn’t intend to treat and/or the case value is low. Don’t do this.
If you are going to refer your patient to an MD because their injuries require such a referral, send them to a quality, local pro-chiropractic physician who you would trust to actually perform any intervention they deem necessary…and if you don’t know one, just ask me. My chiropractic only cell number is (949) 463-1669.
