Opinions. please?--Venting on Dr./Lawyer recommendations.....Izzy

[Izzy_*now*]

For the first time I am really disagreeing with my lawyer, but I could be misunderstanding him, although the following was in the Doctor’s report.

Rehabilitative Therapy & Counselling. Ms. T____ requires further supervised exercise to promote optimal lower limb strength; she likely merits a further 10-12 1-hour sessions with an exercise therapist to monitor and progress her exercise routine. Ms. T____ merits periodic review by a physiotherapist every couple of months for a year. She merits an annual pool pass to allow for aquatic therapy to promote lower limb strength.

First off, Karla is not in his recommendation, and she is the one who brought me to where I am today.

Second, kinesiology is more expensive, I might not like her, and it is ONLY for 12 weeks.

A review from a Physiotherapist is not going to reveal any improvement, in my opinion, as I feel I reached my maintenance level about January of 2012--- and am now on maintenance. (Miss a few sessions and I would be weaker.) besides, he recommended in his report that I have Karla on an ongoing basis.

I prefer the ‘Karla therapy’ @ $45/hr only once a week (twice right now) for far longer than kinesiology @ $60/hr for 12 weeks  = 16 weeks of Karla, and PT at $135/hr x 6 yrly = 18 weeks of Karla….and there will be concern about my lack of socializing.

I will not become any stronger, I’ll wager, but at least would remain supple.

Anyone have an opinion on the Doctor’s recommendation with which my lawyer approves? What happens after 12 weeks? Am I on my own?

My lawyer wants that I should look after the toenails on my left foot, as the doctor says this is not accident-related. I said it is and that I cannot bend and hold, without a hip, my left leg close enough to me to work on my nails with ‘sharp’ instruments.

I tried with a box and a pile of pillows, but it pains. I tried with leg outstretched on the bed but is strains my leg and back. (I can do my right foot.)

All I gleaned from today’s pain, rararararar, tremors, rarararara , conversation was that in the long run I can spend my settlement however I wish, yet he is forwarding the recommendations to my GP…why? To see if they are begun and carried out.

I always accomplished more in my lawyer’s presence, and I deserve more than a hurried telephone conversation….after all he is taking 1/3rd the settlement.


Grrr. Iz

[lighter]

It doesn't sound like your attorney understands what it is you're trying to say, Izz.

CAN you set an appt. and go over, point by point, slowly like you're speaking to a child about something very important, what you need him to understand?  Have what it is you need him to "get" written down on a sheet of paper in front of you, so you remain focused, no matter what stupidity falls from his mouth?

It sounds like he's lost focuse of your case, and he needs to be brought back on board, Izz.

Lighter

[sKePTiKal]

Maybe the suggestion for the PT is that this is a recommendation in addition to Karla??

And what the lawyer is supporting - is the PT on top of what Karla already provides? Because you have improved under her care... and now, you may also benefit from PT -- which you couldn't have done before?

I dunno. As far as your toenails - sounds like the shyster is trying to get you a weekly pedicure for life! LOL...
That could be a good thing for you, ya know?

I don't think, after all this time, he's being dense about your physical limitations or that he's trying to be dismissive of you... probably just one of those things he was proud of himself for - expected you to be happy about - and nothing to discuss. Lawyers are like that... until you refuse to be like them... or point out basic things to them. Lighter's idea is pretty good for keeping him "on point".

[Hopalong]

EXACTLY what Lighter said.

And the pedicure is a medical necessity and OF COURSE it's needed because of the accident. Permanently. This is one of the ADL (activities of daily living) -- isn't it?

Double-Grrr.

But I think Lighter's advice will get you where you need to be with your attorney.

Even print out your post here...take it to him, go through it point by point while showing it to him also on paper.

Grrr.

love
Hops

[Izzy_*now*]

Thank you all,

Yes, I believe my lawyer has forgotten some details, (as I am wont to do when presented with the unknown).

I had to sleep on this to then remember, on top of not owning a bathing suit, (minor), how do I change for the pool in a place with no bed? I use my bed to dress. I cannot stand up.

I am unaware of pool regulations, such as a shower before and after..is that necessary? Well I cannot shower unless I sit on the floor then would require assistance get back into my chair. (All ths is tiriing me out to talk about it) Can I drive there and back in a dry then wet bathing suit---what an awful sight!!!---in winter?

And definitely, my lawyer said, "No Karla". That distresses me, as she makes house calls and I exercise on my bed, and use my "home equipment to practice things", like getting off the floor into my chair. She is also my best friend, and does not yet know. She will be here tomorrow.

Anyone have rules about pool therapy in their heads?

I am currently writing to my lawyer's assistant and pointing out these things and asking her to please try to understand and then talk with my lawyer. I cannot just 'next day' call or get an appointment with him. Hopefully she will bring him back on board, about the issues.

I sense he is going along with the Doctor's suggestions while forgetting about my (lack of) abilties.

Do you know that toes, in paralyzed feet begin to curl under? Mine have begun, but I have seen far worse that are out of sight! When i loook doen at my feet i do not see my nails, just to the knuckle/joint before them.

More later when I (might) hear back from Julie, or the man himself.
Now, surprise, surprise, my lawyer is a Narcissist. I can see it, but it seldom shows, around me anyway. Yesterday he was in a hurry and when I ' teased' about having no bathing suit, he went into story about his father, born 1935, 4 years older than I, who, even when he disagrees with his grandchildren, says "I don't give a sh*t!" to them and I took that to mean my lawyer doesn't give a sh*t about my having to buy a bathing suit. Normally he takes my teasing!

Oh what a sheltered life I've led!

Love Izzy

Oh yes, my PT, who is to come evert 2 months sent his report to my lawyer to say that I required Karla indefinitely to remain limber, but I see a Physiatrist takes precedence over a PT.

[lighter]

Who is advocating for you, Izzy?

I honestly find myself wondering AGAIN if you should approach a victim's rights advocacy group to help you navigate this legal debacle.

You're attorney, the docs, nobody except your PT and Karla have any understanding AT ALL of what your life has become, what you've actually LOST bc of this last accident, and what you NEED to be OK. 

It's like a bunch of jaded, sociopathic bean counters are trying to write you off as cheaply as they possibly can.... ticking off boxes without thinking through what they're recommendations would actually mean to YOU.

They don't get it, and perhaps asking your PT what he thinks about this terrible offer will gain some perspective and ideas about handling this going forward?

What does th PT say?  How can the PT advocate more actively for you?   What does the PT say you should do to get a fair settlement?  Surely he's dealt with this kind of BS in the system on numerouse occassions.  What are your options?

Sorry this is so hard, ((Izz.))  You really deserve to have the small little relief you're asking for, IMO.  This is nuts, IMO.

Lighter

[Izzy_*now*]

hi lighter,

In this case, my lawyer is my advocate. He is FOR any person injured in an automobile accident. He is always against ICBC, the Insuance Corp of BC which covers every resident, a billion dollar Corp.

He doesn't know everything, though, as different people have different issues.

He just dealt with a man in a motorized chair who was srtuck by a car, and suffered a broken hip. The Doctor talked about how soon in this man's lifetime he would require full-time care. (Paul jumped on that idea for me, as he hadn't thought of it) The Dr. said ½-way between the accident and his life expectancy (For me, that would be 2018,) and monies to cover this extra.

I mailed my message to Julie and will see what happens. If Paul has any sense, he will realize that he ra-ra-ra'd thru a bunch and was just hitting on HIS points of the day.

Some of these people hard difficult to contact as they are so busy. When my GP receives ' instructions'  he will get through better than I. Now I have to re-educate my GP.

later

xxoo
Iz

[sKePTiKal]

Iz herself, should have a say in the matter, me thinks.

Full time help? Well, who that person is - what their personality is - is going to be of great importance. I'm kinda thinkin' Karla would be perfect - but I don't know if it would work for her. At any rate, it can't be someone - just anyone with paper credentials - that some 3rd party "picks out" for you.

Go remind these people, Iz... that they don't have to live with the results of these decisions day in, day out -- YOU DO. LOL... back in the saddle, Iz!   

[Izzy_*now*]

Thanks ((((((((PR))))))))))))))

I agree, and I want Karla., as my helper. Some way I will manage it. We will be talking today, when she comes at 3:15 (Pacific Time)

After all she has done for me, and my lawyer can say that the Dr. means "No Karla" and he (lawyer) will get the word out. (I have not agreed and said so in my mail to his assistant!)

I've stressed my independence, but that doesn't mean to be a recluse. I remembered he added after his telling me what it was all about and my not having a chance to think of what bright changes were being made, he said something about "...then you'll have your independence." I never meant "no one", I just don't want to be ordered about or have a passle of youngsters for whom I am responsible, and maybe not even a job.

As the lawyer said, monies I receive are mine to spend as I see fit, and why not pay Karla, and not some stranger passing through.

Re work, the Dr said, "If it is Ms. T_____'s wish to return to part-time work, I recommend that a computer technologist work with Ms. T______ to set up a home-based hardware and software setup to allow her to perform any bookkeeping duties from a remote workstation with transfer of data to the office."

I try to be honest with him and said I would not likely go back to work, and he said, "Now don't say that! I'm going to go for it, then the money for it is yours!" See how dishonest they are?

The cost of the kinesiologist and the Physical Therapist is larger, short term, but Karla is larger long term. I'll bet we can get by with once, instead of twice, a week, maybe once every two weeks, but it will be her making less however still long term employment, along with with her other clients. (She has told me when some are beyond what she can do and I will reach that one day too, I expect, but she is my medical POA as well and we'll come up with something!--i.e. checking on me, and paid, that I am not mistreated.

Where else does one meet such a wonderful person when in the throes of agony??????

All ideas welcomed.

Lovve
Iz

[lighter]

Izz:

I'm sorry, but I lost track of what you're fighting for, and what you're entitled to by law.

ARE you entitled to a pre-determined settlement amount set by the courts?  If so, what is that?  What are the factors involved in that number?

ARE you entitle to that settlement amount AND some PT, to be paid for by the Insurance Company, and is the Insurance Company to determine what that therapy will be, and how many times it will be performed?  They don't know enough or care enough to pretend they should make that determination for you, IMO.

ARE you and your attorney dickering with the Insurance Company over 12 pt appointments with the wrong therapist only? 

What was your attorney originally asking for?

What does the Insurance Company want to give you, total?

What is the least, and most, you could end up with if you settle, and if you go to court?
Lighter

[Izzy_*now*]

hi lighter

There are 3 categories:

1. General Damages (loss, pain and suffering and the cap is $300.000...in researching that is brain damage, can't tie shoe laces)
2. Special Damages (money I paid out of pocket, like hiring Karla, replacing my wheelchair, meds, lost wages) $25,000.00 plus
3. Future Care (self-explanatory) and I was given 17.05 years left per the chart that is used= 87th year, that was 2 years ago, so 15.05 now. That was the biggie to pay for Karla's therapy to keep me supple and not atrophy and gnarl iinto myself, and go to a pine box in a seated position, like my mother

I was just checking, and when ICBC cut Karla from me, I was still not doing my laundry, not able to reach to the floor, was in far more pain, not driving my car, and the 2 years June/10 to now Sept/12 has put me in far better shape due to Karla. It is my own opinion, and Karla's, that we have been maintaining me, since about the 3rd anniversary of accident, March 27, 2012. She went away for the month of June, and sent a friend who was not trained but was rehearsed. I was weaker upon Karla's return.

Our original was for over $300,000.00, for all three. I suspect if the full truth is to be put forth, that we ought to go to Court.

A lot of mistakes were made in decisions by hospital, and ICBC, and *I* am the one to tell them. ICBC treated this like just a broken leg, surgery and all healed and weight bearing in 5 months. Hospital didn't pass on the news of the tremors so a resident was guessing at diagnoses, like tourette syndrome, schizophrenia, D.T's. and drugging me as such. There is so much more and I'll bet my lawyer never scoured the hospital reports as I did. In reading Karla's session reports, there is much info--- bet he didn't read those either. I must ask him outright

It was just at the first of this year that I was able to take off my left shoe, as I had done before. By Court date it will be over 4 years.

If he had been prepared to talk with me the other day he would have had the Dr's report out and marked as per page ?, Line ? and not ra-ra-ra-ra'd his way while mumbling into the phone what he was by-passing, and I was to keep up with that?

We are dickering mainly over my Future Care--12 weeks or Karla indefinitely.

Insurance Co. is at $110,000.00 but does not have all the info yet regarding th 3 professional reports.

In court, though, I have to be sure my lawyer asks the proper questions to be able to answer about all the crapola that happened.

Iz

[lighter]

Izz:

Most attorneys are only willing to work only as hard as their client, IME.

You're going to have to scour those reports, and highlight important items with yellow highlighter only, so clean copies can be made.  Yellow highlighter doesn't copy, and we need 3 clean copies of whatever will be entered as court exhibit so going wild with a pink highlighter might mean you're chasing documents under a time crunch.  Not good.   

I bet you already have your files pretty well organized and know what's what, but it helped me to file things, with 3 clean copies attached with a paperclip, in manilla folders with contents listed on front of each file to avoid flipping through entire files to see what's where. 

There will come a day when your attorney will be ready to sit down and go over all your hard work....... usually right before you go to court, which is typical of most attorneys, so don't get upset with him.  Have your documents ready, and be prepared to walk him through what you believe are the important parts when the day comes.  He'll be delighted you've done all his work for him, and be happier about having to go to court at all if it comes to that.

You didn't have just a broken leg, and it didn't just heal, and you didn't get back on it as we all know.  This isn't a case to be settled like a typical broken leg, and your attorney knows that too.  He;s likely overwhelmed and focused on whatever cases are coming up on the docket of his in the moment, and that's just the way it is. 

Wrap your mind around heading to court.  I think you'll have to tell your story if you don't want to get screwed by the Insurance Company.

Lighter

[Izzy_*now*]

Thanks lighter,

You are a gal after my own heart with your organization.

I have all my documents in their proper folders, and Screen Captures from the hospital, plus the details stay fresh in my mind.

Karla came today and after discussing my lawyer's hurried phone call, and where I was confused, we determined that the Dr.'s report has to be completely correct or it can be thrown out as ALL lies. So the things that are incorrect we must make correct, i.e.my left foot care. So we worked on a position in which I tie my leg to the kitchen armchair, and use a thin bathrobe tie to pull each toe into working distance, and, while resting my arm on the armrest , I can lean forward and less painfully deal with my foot, with both hands.

That being accomplished the details went to Paul in an email that she dictated, to use the proper terms, such as "compression of the left hip area", then we questioned the aquatic therapy as it reads like 3 people, not 2, therefore confusion on my part, etc. For now he will think she is finished but we have made arrangements for one day a week, until we learn what the hell is happening! ..and more, like was his call not supposed to be about the DME in Vancouver??

Nothing was said about all the correct conclusions of Dr. V, only his incorrect ones.

I had a guy come to lok at my computer and he fiddled arounf not saying what he was doing, didn't find the problem, then it returned and he came back. I paid twice then complained to the owner. I will receive a refund of the $98.00 for the second visit, as I saw that he had deleted two program that I had purchased, and had deleted my ICBC folder from the desktop, with all my Expenses from June, 2010 to the present. I was floored, but having all the emails, I went back and checked from the beginning and the attachments were still there (or I would have been scanning everything over again.)

Lawyer had said he was going for the whole computer setup for working, but I didn't have to do it. Whatever I receive is mine to spend as I see fit--- so he can lie? Well Karla says I don't have to DO my left foot, just know how to do it!

We also expect the hurry is to presentt a new offer to ICBC with the new reports, of which they know nothing, and avoid court! Time will tell this Fall, maybe even before my Vancouver trip... and court date is April 15, 2013.

Thank Heaven for Karla

xx
Iz

[lighter]

Izzy:


You rock, that's exactly what you need to be doing.

Sorry about your computer files..... wth?  It's always something.

Remember insurance companies have very deep pockets, and they can afford to pay you a fair settlemen, but avoid it at all cost.

They're operating under the directive to wear you down and knock the fight out of you...... their attorneys are high dollar, on retainer and focused on saving their company money.

THAT'S it.

Don't take it personally, and keep nattering at the details.... that's where the devil lives.

Lighter