Medical Report
Feb. 27th, 2004 07:26 pm![[personal profile]](https://www.dreamwidth.org/img/silk/identity/user.png){kind=small}
dennyI got a copy of the consultant's first report on my leg today... this is the consultant hired by the insurance/lawyer side of things, rather than the surgeon who actually fixed my leg. His job is to write an impartial report that can be submitted as evidence in court when trying to decide how much money I should be paid in compensation for my injuries.
It's not happy-making reading. I'm not sure how much of this is 'cover all bases' stuff, as he does say that he can't make any useful statements at this time and wants to examine me again in 18 months, but... here is an excerpt from the summary that sticks in my mind:
"He is at risk of developing osteoarthritis in the knee. There is also a risk this fracture will not fully heal. I would expect that Mr De La Haye will not return to the pre-accident state."
So that's cheerful news.
In other news, apparently I have "mild medial collateral ligament laxity" in the right knee, which is an almost amusing turn of phrase. I think it means my knee now wobbles in directions that it shouldn't.
Anyway, this report being in, my lawyer is now going to press the other party for another settlement offer, and if they're not willing to make one or I don't like the one they make (which seems likely) then she can start the process of issuing proceedings and getting us into court to settle the question of 'who was to blame' (and 'by how much' if the judge decides it's a bit of both). Then there will be another round of haggling and possibly court proceedings in 2 years time when we start trying to argue over the settlement figure for the injury compensation, after a second medical report is made. Fun eh? In the meantime, I presume there's some chance of haggling the sum owed due to 'loss of potential earnings' out of them a bit faster, but even that is going to be trickier than a simple 'loss of earnings' claim would have been, so there's no telling how long it will all take in the end.
My lawyer has once again asked the other side to cough up some more cash to keep my bills paid while we wait, but it's at their discretion whether or not they give me anything at this stage. We'll see.
It's not happy-making reading. I'm not sure how much of this is 'cover all bases' stuff, as he does say that he can't make any useful statements at this time and wants to examine me again in 18 months, but... here is an excerpt from the summary that sticks in my mind:
"He is at risk of developing osteoarthritis in the knee. There is also a risk this fracture will not fully heal. I would expect that Mr De La Haye will not return to the pre-accident state."
So that's cheerful news.
In other news, apparently I have "mild medial collateral ligament laxity" in the right knee, which is an almost amusing turn of phrase. I think it means my knee now wobbles in directions that it shouldn't.
Anyway, this report being in, my lawyer is now going to press the other party for another settlement offer, and if they're not willing to make one or I don't like the one they make (which seems likely) then she can start the process of issuing proceedings and getting us into court to settle the question of 'who was to blame' (and 'by how much' if the judge decides it's a bit of both). Then there will be another round of haggling and possibly court proceedings in 2 years time when we start trying to argue over the settlement figure for the injury compensation, after a second medical report is made. Fun eh? In the meantime, I presume there's some chance of haggling the sum owed due to 'loss of potential earnings' out of them a bit faster, but even that is going to be trickier than a simple 'loss of earnings' claim would have been, so there's no telling how long it will all take in the end.
My lawyer has once again asked the other side to cough up some more cash to keep my bills paid while we wait, but it's at their discretion whether or not they give me anything at this stage. We'll see.
