Thursday, September 20, 2012

The Correct Expert

My most frustrating moments in settlement negotiations, regularly, is when your opponent does not know the difference between a neurosurgeon and a neuropsychologist and the impact this can have on your ability to settle a matter.


An orthopaedic surgeon who looks at the ex rays and does not test the physical capabilities of a particular body part to perform its functions as an occupational therapist does, can similarly prevent a fair and reasonable settlement discussion taking place.

Whereas the neurosurgeon is just that, a surgeon, the neuropsychologist does a battery of test not limited to cognitive functioning, that will enable him to determine if a minor brain injury has had an impact on a person’s capabilities and have led to any incapacity. Ditto for the Orthopaedic v the OT.

The AMA guidelines as applied by the surgeons are often incorrectly applied as they are not trauma specialist. As such it would be in the client’s best interest to utilize a Trauma Physician to assess the client for completion of the RAF 4 form.

The assessment of General Damages in any personal injury matter can be better determined with a Trauma Specialist so as to more fully appreciate the extend of the pain and suffering the client will be exposed to in future and will further assist in preventing the determination of General Damages being a thumb such stuck in the old ages without taking the subjective pain and suffering of the individual into account.

A short period of unconsciousness can have serious future complications and any lack of oxygen during injury can lead to future cognitive difficulties. Make sure that you investigate all your injuries carefully and peruse the hospital and medical reports in detail. The ambulance records form a vital part of such an investigation as a patient that is found unconscious at the scene of the accident should raise alarm bells. Check the time of accident and the time of arrival of the ambulance and you will have an estimated period of unconsciousness. As such make sure that the specialist completing your RAF 4 form is in possession of these docs and have considered them when applying the AMA Guidelines and the narrative test.

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