I injured my shoulder at work which turned into a public liability claim. Negligence is easy to prove, i can also show that the defendant gave false information trying to minimize his liability.
The sticky part is i did have a pre existing injury to my shoulder, 3 orthopedic surgeons said that it had been aggravated at work. Workcover then paid for an operation rehab etc
After the surgery my surgeon said I had a fresh substantial Labral tear only. Prior to the aggravation this tear had not shown on the MRI.
The insurers lawyer did not want to settle and had a expert review my imaging which was done before the aggravation claim. His opinion was the Labral did have a minimal tear and the Supuspanuis had a large 12.5cm tear. This was the turning point and why I was advised to walk.
Im not sure if the expert was privy to my surgeons comments after my surgery. My surgeon stated i in fact did not have any significant rotator cuff tears but had a fresh substantial Labral tear.
My thinking is if this went in front of a Judge, why would the Judge give the expert any credit ? The expert diagnosed 12.5 cm tear that wasnt there, how do we know the Labral teasr is correct or not?
The sticky part is i did have a pre existing injury to my shoulder, 3 orthopedic surgeons said that it had been aggravated at work. Workcover then paid for an operation rehab etc
After the surgery my surgeon said I had a fresh substantial Labral tear only. Prior to the aggravation this tear had not shown on the MRI.
The insurers lawyer did not want to settle and had a expert review my imaging which was done before the aggravation claim. His opinion was the Labral did have a minimal tear and the Supuspanuis had a large 12.5cm tear. This was the turning point and why I was advised to walk.
Im not sure if the expert was privy to my surgeons comments after my surgery. My surgeon stated i in fact did not have any significant rotator cuff tears but had a fresh substantial Labral tear.
My thinking is if this went in front of a Judge, why would the Judge give the expert any credit ? The expert diagnosed 12.5 cm tear that wasnt there, how do we know the Labral teasr is correct or not?