settlement

[drigjoeb]

I am a nurse in CT that was injured by a patient in 1999. The pt. died two days later. I had four traumatic herniations from L3 thru S1 with a spinal cord compression. I have had several surgeries: discectomies x2, fusion, & nerve dissection. I am now being told that I will need a fusion at the next level shortly and when the level above that gives way I will need to be fused there as well and so on. Each level will last an indeterminate amt. of time. WC has been the nightmare that keeps on giving. I have had 46 hearings for medical care and to compensate me for the costs that the ins. co. likes to recind after authorizing [sometimes while I am on the OR table]. I have an attorney who is WC certified and he suggests that I settle so that I may get medical treatment without the drama. The number seems low. 200K on a good day. My lawyer has proved in the past that he is working for the best interest of himself and the ins. co. I had to contact every official I could think of just to get him moving. Pickings are slim when it comes to WC Cert. Attorneys in CT. and my case is a bit of a mess. This is the 30 second version. I am now 100% disabled and have SSD. SS says they will have monies set aside for my future med. TX. but I am afraid that I am trading one master for another. My attorney is telling me that if I do not settle then the ins. co. is going to make things even worse. Sorry for the length of this. Any help would be greatly appreciated. First time posting. Thank you ever so much.

[1171]

sorry don't know any comp attys in connecticut.

My2cents:
there is not just one opportunity to settle; cases can be settled at any time.
rarely are both parties ready at the same time.
the atty wants his fee and to move on to others because, like you said, certified comp attys are rare in your area. You want your cake and to eat it too.
in this case you want an active fighting atty but one that'll sit back and wait for their fee. sometimes you can't have both. you have to chose which is more important.
If you are not ready to settle then you can tell your atty to put your case on the back burner and contact you in a year or two when you are.
P.S. maybe you should think about representing yourself and then you can have both a fighting representative and delay the settlement.

[drigjoeb]

Thank you for your quick response. I thought that hiring an attorney would ensure that my best interests were being looked after. I feel as though I am begging for every piece of my medical care. It is beyond humiliating. I worked for over 30yrs as a nurse and loved it. I always thought that if I got hurt I would be taken care of. Aside from the pain and loss that I have physically, I feel as though I am treated like a second class citizen who expects way too much. So, the nightmare continues. It was strongly suggested to me by the judge that I have an attorney. My questions are: Can the ins. co. threaten to make things worse in order to force a settlement? Do I have any other options other than what my lawyer suggests [which is to settle]? Thanks for letting me vent and I do appreciate the advice. nursenomore

[1171]

of course you did. but the atty has interests as well and will not let those of one client interfer.

yes, your version of reality has run into the real thing and found they don't match.
Many in the medical profession are ignorant of how it's perceived and received by the rest of us. many on this board only saw medical/insurance system from the inside and not the patients side.
it also sounds like you have second thoughts about the judge's advice.

yes, withholding cooperation in return for getting cooperation from another is a common tactic used by both parties in most adversarial situations.

there could be some other issues at work here.
often severe injuries and major dislocation in job and normal life situations cause anger, frustration, depression; especially if it's been prolonged.they are insidious little devils that can creep over the vulnerable.
do you think those conditions are present and affecting your approach to this problem?

[cindy1sttimewc]

When you are in pain and basically feel horrible, it is very difficult NOT to feel anger, frustration, and depression, especially when the doctors are not LISTENING to you, which translates into.......I do not care how you feel because I am too busy for you or worse they negate your pain.

I understand drigjoeb very much. I have worked in the healthcare profession for many years and very rarely have I come across someone who actually cares because they demonstrate ALERTNESS to symptoms and know how to respond promptly and accordingly.

I remember several weeks ago I tried to communicate to the female M.D. that I have an elevated temp that is not usual for me (why did they not notice that.......I have a shoulder issue and an elevated temp.....could it be bursitis and/or infection.........vital signs could be a solution or a clue to what ails you). I told her that I have alot of pain in my shoulder and that it is VERY likely I have bursitis/infection in my shoulder because that usually accompanies tendonitis, and impingement, and that I need an antibiotic. She immediately dismissed my concern..........did not even have enough humility or compassion to listen to me. Just this past Wednesday, I went back to that emergi clinic and my temp was now 100.3. Finally I get an older doc who listened to me and gave me a script for Cipro and just 2 days of taken that I FEEL SO MUCH BETTER!!!!!!!!! And I finally got my MRI, but with no contrast, which more accurately shows partial thickness tears and SLAP lesions. Trying not to be overly critical, I found out that CIPRO should not be taken if you have tendonitis and/or are on NSAID*s. Kind of negates the antibiotic, but I will continue to take it, while skipping the NSAID*s, because I am feeling so much better and have so much less pain. Seems to be improving, but it is not over yet!

DRIGJOEB,

Do not worry about begging for proper treatment. I broke down and cried in front of my PT because I could not even lift 1lb in lateral abduction and had such a difficult time just lifting 1-2 Ibs overhead, when I have never had a problem for years in the gym doing free weight training...........3 sets of 12 with a 10Ib weight doing chest presses, shoulder presses (deltoids), incline and decline flys (pectoralis major and minor), bent over flys (rhomboids), bent over rows and lat pull downs (latimus dorsi), shoulder shrugs (traps), upright rows, preacher curls, tricep press and dips, etc., etc., etc.!


You have to be your own advocate!!!

[drigjoeb]

Thank you 1171. I am not sure how anyone could not feel depressed, disheartened, and frustrated when you have your life turned upside down, lose the career you worked so hard to build, and live with pain day in and day out. Then to be treated with disrespect and dismissive arrogance by the very people who promised to help you, ---well, I do have a hard time with that and I am sure that that affects how I am approaching my situation. That is exactly the reason I decided to post this thread. I was hoping to get a different perspective and / or suggestions. Cindy1 thank you for your encouragement and kind words. I am so sorry that you have had such a rough go of it. Hang in there and keep talking until you find an MD who will listen. You will. Just like you did in the emerg. center. One of the 1st signs of a good doctor is when he or she listens to the pt. You are right to say that you must be your own advocate. I am lucky in that my MD is fantastic. The only problem is that when he orders anything: meds, procedures etc. the ins. co. almost always gives him a hard time. It's amazing to me that an ins. case manager with no medical background can tell an MD what he can or cannot do to treat his pt. Take good care nursenomore

[jaspell]

Sounds like a real mess. No question the SSD greatly comlplicates your settling the case. I still think in a case such as yours that is probably the best way to go but it is going to be a time consuming process. Good luck.

Jim