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Tuesday, February 28, 2023

BREAKING NEWS

A Soccer Fight: Family Get Hurt & Sues

Hilario and his two children, ages 8 & 11, attended a soccer match between rivals Club America and Club Chivas. 


The defendant promotor closed the entrances to prevent unruly fans from gaining access. But rival fans began fighting each other in the street.


Hilario and his children were surrounded and beaten by a group of eight rival fans. Hilario suffered stab wounds, loss of his eft eye, and memory and hearing loss. The children suffered from post-traumatic stress disorder (PTSD). 


Hilario and his family sued the promoter alleging failure to provide adequate security, failure to call the police, and failure to lock the gates.


Defendant promoter argued there was nothing that he did or did not do that would have prevented harm to the family.


The Jury awarded $1,449,292. 


Hilario, et al. vs. Ticketon Entertainment, Hon. Ronald Frank, June 3, 2022, Los Angeles Superior Court. 


TAKEAWAYS


  • Occasionally you will see a patient involved in a brutal attack. Most often there is no insurance, except for special circumstances. 
  • In this case, the promoter trapped Hilario in a predictable zone of danger.
  • Be very careful to make sure these are good PI Lien cases, according to the attorney. 
  • You should not bear unreasonable risk.

FEATURED ARTICLES

The BIG Challenge: Pre-Existing Degenerative vs. New Trauma Injuries

With the precision of a brain surgeon, Dr. Lewkovich explores how to differentiate between a (usually, older) patient’s pre-existing pathologies and a fresh trauma. 

There are rules and Lewkovich offers the latest research on this old dilemma.


Many attorneys don’t want you to discuss pre-existing issues in the vain hope that the defense will never find out. This is especially true for the maintenance patients you have been treating for years.


We, however, embrace pre-existing issues. Most muscular skeleton conditions usually deteriorate -- and that’s normal and everyone knows it. 


Instead, we want you to discuss how the patient’s pre-existing condition was AGGRAVATED. That will measure true injuries. 


Contact johntawlian@shawnsteel.com for your how to on identifying and explaining pre-existing injuries in PI cases.

ACE'S LIT TIPS ⚖️

Does this sound familiar? You treat your PI patient for 4-6 months. Send a final report and now you’re just waiting for the case to resolve and money to come in. But then, your patient shows back up, in pain (maybe a flair up, maybe just unresolved symptoms) and asks to keep treating on a cash basis. You say sure because you’re a doctor and they’re in pain. 


This is absolutely fine. It happens all the time (and it’s why I am often skeptical of reports that say that a patient's condition is “100% resolved”).


However, you must keep records of these appointments just like if you were treating on a lien and, upon request, provide those records to the Plaintiff’s attorney. This helps us prove that our clients are continuing treatment and, thus, are still in pain. However, if your records are incomplete or if your cash rate is significantly less than the PI lien rate, these records could be hurtful. 


Just keep these things in mind as you treat your PI patients in the no-man’s-land between the final report and resolution of the case. 


Contact me with any questions alexandereisner@shawnsteel.com.

UPCOMING EVENTS

CAL CHIRO VENTURA CO/SANTA BARBARA DISTRICT

March 18, 2023 @ 11:30 AM

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All checks should be made payable to CCA San Joaquin/Stanislaus District.

SSLF PODCAST EP. 36 WITH GARY LEWKOVICH, DC

March 29, 2023 @ 1:00 PM

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FEATURED VIDEO

SSLF Podcast Throwback

LEWKOVICH: YOU ARE BEING WATCHED ON EVERY CASE!

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ADDITIONAL RESOURCES

Check out our website for helpful articles and resources to help you succeed!

View our past PI Email Alerts to catch up on breaking industry news.

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SHAWN'S ETHICS CE COURSE NOW ONLINE

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Interested in earning Ethics CE in the comfort of your home or office?


Shawn's Professional Boundaries: Scope of Practice is now ONLINE through WebExercises! Sign up by clicking the link below or using the QR Code.


Include our promo code: ETHICS20 at checkout for 20% off.


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Contact John Tawlian with any questions johntawlian@shawnsteel.com.

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