Preexisting condition: Is your lawyer ready to do battle with a neuroradiologist?   Leave a comment

Animation of an MRI brain scan, starting at th...

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If your injury is anything less than a broken bone or an open wound, you may fall prey to one of the insurance industries favorite tactics: the preexisting condition. As our bodies age, the appearance of our joints (be it a knee or a cervical vertebra), change in appearance.  These changes may ore may not result in any symptoms or problems.

Injuries caused by significant events like a motor vehicle wreck or a fall often affect these joints. As you seek treatment, your doctor may order radiographic studies such as x-rays MRIs or CT scans.  The insurance providers for the at-fault driver or the property owner often retain radiologist and neuroradiologists to offer medical opinions on medical causation. These doctors will testify on the issue of medical causation, and despite your testimony that you had no problems or symptoms before the incident, these doctors will testify under oath that the Xrays and MRIs show chronic changes that have occurred over your lifetime and that it is these chronic changes that are causing the pain and problems, not the car wreck or fall. 

Your lawyer will need to be equipped and trained in cross examining these insurance defense experts.  Your lawyer will also need to carefully prepare the case and work with your treating physicians to anticipate and rebut these medical opinions of preexisting condition. Is your lawyer ready to do battle with a neuroradiologist?

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