Auto Accidents

November 2, 2006

Spinal Fusion Surgery with Implanted Hardware

The journal Spine has published an article questioning implanted hardware use in spinal fusion surgeries for back problems. The Spine study found that the implantation of hardware does not improve results. The authors also determined that the hardware carries a higher risk of complications, including infections which can occur more readily and can also be harder to see because the hardware can block a clear radiological view of the spine.

Decisions about surgery are tough on any patient

The hardware surviving over time is another problem. When screws, plates, or rods break, the results can push right on a nerve and cause significant pain.

October 9, 2006

Independent Medical Examinations

by Ronald V. Miller, Jr.

More and more personal injury lawyers in Maryland accident cases are doing battle over the ‘independent’ medical examination. Attorneys argue over everything from who should conduct the examination, how far the plaintiff should have a drive for the examination, to more substantive issues such as the examining doctor’s financial records. However, one thing that plaintiff personal injury lawyers sometimes overlook is the fact that their client may have already had such a medical examination before they even became involved in the case if the case involves an uninsured motorist or used PIP coverage.

Most insurance policies have a provision whereby the insurance company can ask for the policyholder to attend a medical examination with a physician of its choosing before the insured receives payments. This is can be used as a condition precedent to any insured receiving PIP benefits or uninsured motorist benefits. Does Maryland law allow it? No one really knows for sure.

The Maryland accident lawyer must be careful where PIP has already been paid or where uninsured motorist coverage applies. Often, the insurance claims adjuster has a copy of the report compiled by the insurance company’s doctor months or even years before it must be disclosed to the plaintiff’s lawyer (for example, before a suit has been filed or before discovery answers are due).

June 6, 2006

State Farm Settlement Day

by Ronald V. Miller, Jr.

Today, for the first time in ten years, State Farm’s Baltimore office conducted a “Settlement Day” hosting eight Maryland law firms at their offices to settle State Farm auto and truck accident cases. The day was a success for our office; we settled 70% of the cases up for discussion. Other personal injury attorneys that I spoke to who attended also reported substantial success. One Maryland accident lawyer told me he settled all but one of his law firm’s car accident cases.

The day was also a success because it is productive for attorneys to meet the adjusters they deal with regularly. Even if we had settled none of our cases, it would have been worthwhile just to meet the adjusters. Everyone I met was very courteous and hospitable, even in those cases where we could not agree (the larger cases were the most difficult). The adjusters also tolerated my “evil empire” jokes well.

When I was doing pharmaceutical defense work, I would often fly across the country for an hour meeting with an expert. Other attorneys would also ask why a phone call would not suffice. But I always thought you can establish a much higher quality relationship and understanding with a person who you can see in person.