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Sunday, April 13, 2014

Anything You Say Can and Will Be Held Against You...

I tell you, sometimes I feel like I'm the one on trial here...

Case in point, the other day I was reading through yet another doctor's deposition, and near the end, the attorney for The Hospital asks the doc to turn to page such-and-such in his medical records. And there, on that page, the attorney points out that under "hand dominance" someone has circled "both". And, because this form was filled out in 2013, the attorney then tries to make the case that Bob is now using both his hands and so therefore is no longer paralyzed!

And I'm reading this, thinking, huh? Whose the idiot who filled out that form? Because, truth be told, Bob has never recovered any voluntary movement in his right arm/hand...

So I contact our attorney and ask if I can see those medical records in question, and they send them to me.


Then I find the page in question and immediately recognize the handwriting -- because GA! it's mine! 


It's one of those pre-admission forms, you know the forms you fill out in the waiting room before you see a doctor, asking about Medical History, etc., and that particular section in which I circled "both" was entitled "Social History" and I emphasize that this is history, and because Bob was one time right-handed and now left-handed, I circled "both", because, indeed, that's his social history.

Jeepers.

I tell you, I will never look at another medical form again the same way. In fact, Medicare just sent Bob some kind of survey to fill out, and I started to fill it out then I remembered the "hand dominance" fiasco and I promptly threw the survey away. I mean, one small mistake, or one thing they can take out of context, and The Hospital will jump on it like a free breakfast buffet.

Who'd ever thought it would come to this? I find it all incredibly absurd...

I also just found out that our July court date is scheduled for two full weeks. Two weeks! And what am I supposed to do with Bob during all that time?





7 comments:

Barb Polan said...

Just think: that gives you and your attorney two weeks to make your case.

Mike Furr said...

Diane, I can only imagine the absurdity has just begun. These people get paid to find any little nuances, rattle your confidence, confuse, put words in your mouth, anything to discredit your case and make you want to change your mind. Heck they could make Mother Theresa look like she drove a broom and they sleep at night.
Your a really smart woman, you know what the truth is so do your damnedest and stay above all that other nonsense. Stay confident and calm and you'll be great!

J.L. Murphey said...

They will use every nit picking thing at their disposal against you...that's their job. Forget and move on. Has Bob been video taped performing actions upon request? Or voluntary movement upon command yet? That will settle all arguments of what Bob can and cannot do.

Rebecca Dutton said...

Your lawyer should pursue making a the videotape. When I brought photos to court I won. When I sent my landlord photos of the hole an animal had dug under my concrete slab I got immediate action.

Anonymous said...

As previously mentioned, pictures and video worth thousands of words. Have as many of the "before" pictures as you have the "after" pictures.

What do you do with Bob for two weeks? I'd have him in the court room right by your side the entire time, and anytime Bob needs medical/physical attention, I'd be asking for a 15 min. recess to take care of him.

Don't take the comments from the defense attorneys too personally. Their job is to defend the hospital and reduce any settlement as much as possible in whatever way they can find. Continue doing what you've been doing, stay strong, keep up the fight, and keep sharing the love you two have for each other.

Hugs, Dan

Jenn said...

Good advice comments :-)

Anonymous said...

I am with Dan take Bob with you to the court. Let them see how Bob is. This fight is for him. One look at him and what he is going through will be all it takes. Let them see what they did to this man. Be strong Diane. The lawyers for the hospital are working for the hospital. Your lawyer is working for you and remember that.