Can a spinal Doctor reading an MRI prove that there are pre-existing changes three years AFTER an accident occurred?
I have had an accident at work and had an MRI 3 years after my accident, it shows that I have spinal degeneration and two herniated discs one above the other.. The Defense spinal consultant says that my accident brought forward my injury by 2 years as there are pre-existing changes.. I was 27yrs old at the time and I'm now 31 I do not believe that I would have been in this condition in 2 years as I have always been very active and fit.. I have never had any health problems in my life.. The defense side is saying that they will compensate me for 2 years of my life as I had pre-existing changes almost like a fault line for an earth quake... How can a Spinal consultant read that from an MRI especially because I had 3 more accidents in those 3 years after my first initial accident and before my MRI,the doctor said that in his OPINION he thinks that all I needed was a knock to bring forward my underlying condition bye 2 years?. For those who don't understand and think I'm a clumsy chap lol I'm a social worker and one of our very big youths needed to be restrained... the other accidents were assaults on me because I have a bad back now:( PLEASE can someone help me with a concrete answer:eek:

Defense docs will say anything. I worked for an insurance defense lawfirm and heard it all. That is just the doc's opinion. What matters is what your doctor who has been treating you says. Don't pay attention to the defense doc as they are paid to say what they say as that's what they're taught what to say. You know when you were injured... he obviously does not.

Quote:

---

Originally Posted by twinkiedooter

Defense docs will say anything. I worked for an insurance defense lawfirm and heard it all. That is just the doc's opinion. What matters is what your doctor who has been treating you says. Don't pay attention to the defense doc as they are paid to say what they say as that's what they're taught what to say. You know when you were injured....he obviously does not.

---

Thanks for that twinkiedooter its nice to hear that from someone else,I start to think I'm crazy after a while and question myself LOL.. I know I did not have a pre-existing injury which is why I'm fighting it back.. they wanted to settle to shut me up but its principal to me now as I'm not a liar or scammer and I'm going to need help,I just don't see how he could prove I had a pre existing condition with looking at an MRI,I always thought that the MRI was to see what damage this accident had caused to me not what he thinks I had before I even had an accident?:confused:?. I can hardly walk now and obviously can't go to work:( The two doc's that did the reports actually work in the SAME office! The one who was supposed to do my side of the report was so disinterested in what I had to say and wrote like 2 paragraphs.. and when I went in for the defense side he fired questions at me like a gun.. it was awful! There is 12 pages to his report and his get out clause to seal my fate was his "pre-existing changes"opinion... its not like I'm overweight or old for that matter. Maybe had I been quite a bit older I would have fell for it but I need to prove him wrong now.. My LAWYER even fell for it and wanted to close the case.. I was in bits:(!!

Hang in there. Being disabled through no fault of your own is bad enough. Then you must fight while people tell you BS like "pre-existing changes." Fight! Find a new lawyer and don't give up.

You do look accident prone and the defense will bring that to light.

Did you have an MRI at the first injury?

And the second?third?Forth?

If so, comparison MRI's should shed enough light for your case.

If not, well, it's one opinion against another,Arbitration is the next logical step for moving forward.

Get a good lawyer.

Quote:

---

Originally Posted by KBC

You do look accident prone and the defense will bring that to light.

Did you have an MRI at the first injury?

And the second?third?Forth?

If so, comparison MRI's should shed enough light for your case.

If not, well, it's one opinion against another,Arbitration is the next logical step for moving forward.

Get a good lawyer.

---

Thank you very much for your input.. I had only 2 MRI's they seem to just focus on my first accident when all of the factors leading up to the 3 years after my accident and up to my mRI are factors... its a hard one because the 2 doctors who did the reports are I believe being prejudice against me for many reasons!

Quote:

---

Originally Posted by simoneaugie

Hang in there. Being disabled through no fault of your own is bad enough. Then you must fight while people tell you BS like "pre-existing changes." Fight! Find a new lawyer and don't give up.

---

Thank you sO much for your answer;).. its really hard to become disabled later in life and to be made out like I was bound for it anyway is even worse! Talk about salt in the wound! I am going to fight it,its so unfair:( I need to prove these medical report people wrong!! *sighs*thanx again I needed a breath of fresh air and encouragement.

Like was stated above, the doctors brought in by the insurance/workers comp company, will be siding with the people who pay them.

Your legal team has to PROVE that you had preexisting degenerative disc damage.

With previous MRI's verses new ones this might be possible, But I am not a lawyer,Just someone who has been through the wringer with these ,how should I put it... Individuals... (trying to keep an even keel about how I really feel towards these SHARKS)

There job is to keep the funds in their clients bank accounts,drag this out as long as possible, then settle, after you have filed bankruptcy and will settle for just about ANY amount they offer.

I wish you the best of luck in this endeavor.

My best advice is to get a LOCAL lawyer who deals specifically in these types of injuries.

Hope you write back,

KBC

Quote:

---

Originally Posted by KBC

Like was stated above, the doctors brought in by the insurance/workers comp company, will be siding with the people who pay them.

Your legal team has to PROVE that you had preexisting degenerative disc damage.

With previous MRI's verses new ones this might be possible, But I am not a lawyer,Just someone who has been through the wringer with these ,how should I put it.......Individuals......(trying to keep an even keel about how I really feel towards these SHARKS)

There job is to keep the funds in their clients bank accounts,drag this out as long as possible, then settle, after you have filed bankruptcy and will settle for just about ANY amount they offer.

I wish you the best of luck in this endeavor.

My best advice is to get a LOCAL lawyer who deals specifically in these types of injuries.

Hope you write back,

KBC

---

Bless you! Thanks so much for that, it has given me a bit more power and energy to hear that... im already low as it is:( well I kind of feel numb/dead inside! I don't know how all of this stuff works and I'm scared/sad/depressed let alone disabled at age of 31:mad: I'm trying so hard to get my point across that I had no pre-existing changes before my accident and the fact that I was caused all this damage by the injury sustained ESPECIALLY because my MRI was 3years after my initial accident and that I have been involved in 3 other accidents during this time! I don't see how they can see in an MRI a "pre existing change" as they call it after so much trauma to my back... its not as if the degeneration in my back has rings around it like a tree to tell the approximate age of it:eek:! Kindest Regards

You really DO NEED to hire a different attourney, and see a different Dr. This seems to me to be a conflict of interest since the two Dr.'s work in the same office.

I have been in a similar situation. I had an accident many yrs ago that injured my hip. I was then assaulted by my ex, and he re-injured my hip,. that had been doing pretty well, and broke several other bones in my body, when he broke into my home after we were separated, two yrs ago.

He got a plea bargain, presented by the crown prosecutor appointed to me, which I didn't agree to, or even know that it was offered, and my ex accepted, and got a whopping $400 fine.

I'm still waiting to recover damages, and now can no longer work either. His lawyer is trying to disprove my injuries, by saying that they were pre-existing. My Dr. and his, were one in the same. He went to that Dr. several yrs. Before I started seeing that same Dr. My new Dr. is now having a hard time distinguishing which injuries happened when, and my ex's lawyer is using this to his advantage.

I know my injuries exist, and I know exactly when and how they happened. I won't give up until I get what I am entitled to, and you shouldn't either.

Fight for your rights, and don't give up for anything. If your lawyer isn't doing his job, get another, and make him work for his money, and get a second opinion from another Dr.

Good luck!

Legally only a Physician can diagnose. Consult a Radiologist to read and compare before and after MRI's. Ask how they can be sure there was no small muscle tissue ripped off bone.