West Virginia Car Accident Law Blog

Entries categorized as ‘Doctors’

WV Gubernatorial Candidate Fights Medicaid Abuse

September 22, 2008 · Leave a Comment

I will start off by saying that I’m not endorsing any particular gubernatorial candidate here, but it was interesting to find an article in the Register-Herald this morning about Republican gubernatorial candidate Russ Weeks, who is on a crusade to bring accountability to Medicaid expenditures.

Let me tell you the biggest problem I see with Medicaid, especially in West Virginia. Since people who actually create jobs and support small-town economies (i.e., self employed or run their own business) cannot actually afford [good] health insurance, they actually care what medical services cost them when they are needed.

Say your sister needs to get an MRI or a CT-scan. She goes to the local facility/hospital that has the equipment. The scan takes about 5 minutes. They charge her upwards of $2,000.00. She later finds out that the fair market value of that scan is about $300.00. She complains, but she is told by the hospital that they just use the price as set by Medicaid. In other words, that is what Medicaid pays, so that must be the value of the procedure. The end result is that she is royally ripped off by the hospital. But this also means that the taxpayers are royally ripped off every single day when Medicaid pays inflated prices for medical procedures – prices that would never survive in a free market.

I see this all the time with clients who have been injured in car accidents. They incur a massive debt of medical bills, and they are out of work for a long period of time. Their life is barreling towards bankruptcy. Usually the insurance companies will only cover about $10,000.00 worth of initial medical bills. Then the hospital and doctors want to be paid. Sometimes they are willing to wait for a settlement, sometimes they are not. Between the greedy insurance companies, the greedy hospitals, and the sometimes-indifferent doctors, these poor folks can be backed into a corner. And many times, the true value of the medical services rendered is 1/8 of the debt that is accumulated.

The point is, that there has got to be a better way. And I would start with cleaning up this Medicaid mess, which is nothing but a government-sponsered ponzi scheme designed to enrich hospitals and health care companies at our expense.

– John H. Bryan, West Virginia Attorney.

Categories: Doctors

Expert Testimony in Car Accident and Injury Cases Bring Increasingly Difficult Issues

June 12, 2008 · 1 Comment

As detailed in the National Law Journal, expert testimony is extremely important in personal injury cases, be they car accident cases or any other type of injury claim, and the situation is only deteriorating. Defense lawyers love to have car accident victims see an “independent” physician for an IME – an independent medical examination. Many times, these “IME doctors” work almost exclusively for defense lawyers. Essentially they get paid to testify that the injured person is not really injured at all, or less injured than they are claiming.

Meanwhile, the situation isn’t much better for the injured person with their own treating physician. In West Virginia, many treating physicians hold their patients captive. That is, they refuse to give an opinion on their diagnosis, or whether they have reached MMI (Maximum Medical Improvement – i.e., the point at which you can commence a personal injury lawsuit because you know what your damages are), unless they are paid cash up-front.

Just this past week, I had an orthopedic surgeon in southern West Virginia tell their patient (and my client) that he would not give an opinion regarding the diagnosis unless I (the lawyer) paid him $1,000 up-front. Even given that this is unethical on the doctor’s behalf, the lawyer or client is forced to pay. If you don’t when it comes time for the doctor to be deposed by the insurance company’s lawyer, he will make the patient pay – his testimony will be much less favorable to the patient than it could have been had he been paid the money. The end result is that the insurance companies have an advantage and continuously fight to maintain it.

This makes it even that much more important to have a car accident lawyer who is aggressive and refuses to take no for an answer.

– John H. Bryan, West Virginia Car Accident Attorney.

Categories: Doctors · Expert Testimony